Trenton, NJ – New Jersey nursing homes have launched a legal battle against the state’s mandatory staffing law. The 2020 legislation, which sets strict staffing requirements, has come under fire for being both impractical and unconstitutional. Several facilities, supported by the Health Care Association of New Jersey (HCANJ), filed the lawsuit in Mercer County’s Superior Court. They argue that the law’s staffing demands are impossible to meet, especially given the ongoing workforce shortages made worse by the COVID-19 pandemic.
Unworkable Staffing Requirements
The law mandates specific staffing ratios: one certified nursing assistant (CNA) for every eight residents during the day, one for every ten residents in the evening, and one for every fourteen residents at night. However, the plaintiffs—including Complete Care at Bey Lea and Atlas Rehabilitation and Healthcare Center—argue that the current labor market makes these ratios unattainable.
Financial Penalties and Constitutional Violations
The lawsuit highlights the severe financial penalties nursing homes face for failing to meet these staffing levels. The New Jersey Department of Health (DOH) fines facilities $1,000 per day for non-compliance. Some nursing homes have already accrued fines exceeding $100,000. The plaintiffs argue that these penalties violate constitutional protections against excessive fines and due process.
Workforce Shortages Exacerbate the Crisis
The complaint also draws attention to the state’s workforce shortages. An April 2024 report by New Jersey’s Task Force on Long-Term Care Quality and Safety found that the direct care workforce has shrunk by nearly 15% since the pandemic began. With an aging population in need of more care, the shortage of qualified CNAs is expected to worsen.
Broader Implications for the Industry
This lawsuit is part of a larger national issue. Other states, like Texas, are also challenging similar staffing mandates. The plaintiffs argue that the current situation creates a “zero-sum game.” If one nursing home manages to meet the staffing requirements, others will inevitably fall short due to the limited number of available workers.
The lawsuit criticizes simple solutions like increasing wages or reducing resident numbers. While wages for CNAs have increased, the core issue remains the lack of available workers. Reducing resident numbers to meet staffing ratios would financially strain facilities, potentially leading to closures and further reducing access to care.
The Future of Long-Term Care
The nursing homes seek relief from the financial penalties and a declaration that the staffing law is unconstitutional. They argue that the law places an undue burden on facilities, ultimately harming the quality of care for New Jersey’s most vulnerable residents.
The outcome of this case could influence how other states and the federal government approach staffing mandates in the long-term care industry. As the legal process unfolds, the entire industry will be watching closely to see how this challenge to New Jersey’s staffing law is resolved.