A United States District Court judge in Texas on April 7 overturned a Centers for Medicare & Medicaid Services rule requiring 24/7 staffing by a registered nurse (RN) at nursing homes.
Judge Matthew Kacsmaryk ruled in favor of four nursing homes, the American Health Care Association, and LeadingAge, that the 24/7 RN requirement exceeded CMS authority. The ruling also requires nursing homes to provide 3.48 hours per resident day of direct patient care.
Congress’ current staffing standards require a licensed RN be on staff 8 hours a day. Leaders at rural nursing homes with limited numbers of RNs raised concerns about being unable to meet the new staffing requirements. Nursing home staff in all areas have expressed concerns about hiring additional staff with limited resources, facility closures, and leaving seniors without care.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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