Nursing homes file lawsuit to prevent implementation of staffing mandate

The American Health Care Association and other groups representing nursing homes have taken legal action against the Department of Health and Human Services to challenge new staffing mandates imposed by the Centers for Medicare and Medicaid Services (CMS).

The lawsuit, filed in federal court in the Northern District of Texas, argues that the new rule exceeds CMS’s statutory authority and imposes “onerous” staffing requirements on nursing homes. The plaintiffs, including the American Health Care Association, the Texas Health Care Association, and several nursing facilities, are seeking to have the rule vacated.

The controversy stems from a recent CMS rule that requires nursing homes to have a registered nurse (RN) on site 24 hours a day, seven days a week, and to provide a minimum of 3.48 hours of nurse staffing per resident per day. This new mandate replaces previous guidelines that called for an RN for eight consecutive hours each day.

The lawsuit highlights the longstanding debate over nursing home staffing regulations, with Congress previously establishing guidelines for RN staffing but opting against more rigid requirements. The plaintiffs argue that the new CMS rule creates standards that are impossible to meet and will ultimately harm nursing homes and the vulnerable residents they serve.

The legal challenge comes in the wake of heightened scrutiny on nursing homes during the COVID-19 pandemic, with President Biden calling for higher standards in long-term care facilities. The outcome of the lawsuit could have significant implications for the future of nursing home staffing regulations.