Nursing Homes Sue HHS Over Staffing Mandates: What You Need to Know

The American Health Care Association and other nursing home groups have taken legal action against the Department of Health and Human Services over new staffing mandates that they deem “onerous.” The lawsuit, filed in federal court in Texas, challenges a rule issued by the Centers for Medicare and Medicaid Services that imposes minimum staffing requirements on nursing homes.

According to the plaintiffs, the rule exceeds CMS’ statutory authority and sets impossible-to-meet standards that will negatively impact thousands of nursing homes and the vulnerable Americans they serve. The groups are seeking to have the rule vacated by the court.

The issue of nursing home staffing has gained increased attention during the COVID-19 pandemic, with CMS Administrator Chiquita Brooks-LaSure noting that nursing home residents and staff accounted for a significant portion of COVID-19 deaths in the country. In response, President Biden called for higher standards for nursing homes, leading to the issuance of the new staffing rule by CMS.

The lawsuit argues that Congress has previously established staffing mandates for nursing homes, including the requirement for a registered nurse to be on-site for at least eight consecutive hours per day, seven days a week. The plaintiffs contend that these regulations should be flexible and tailored to the specific needs of each facility.

The outcome of this legal battle could have significant implications for nursing homes across the country, as they navigate the challenges of providing quality care to their residents while complying with regulatory requirements.