A federal judge, Matthew J. Kacsmaryk, ruled yesterday to strike down the nursing home minimum staffing rule, arguing that the Centers for Medicare & Medicaid Services (CMS) lacked the authority to impose such staffing requirements and violated Congressional intent. The case was dismissed with prejudice and the federal government may appeal the decision.

The rule, Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting, was finalized by the Biden Administration in April 2023 and established federal staffing requirements for Medicare and Medicaid-certified SNFs of 3.48 hours of daily direct care per patient/resident. While it would not directly impact senior living communities, Argentum was concerned with potential unintended impacts of the rule, as long-term care communities would be forced to compete for a finite pool of workers. In joint comments we submitted with a coalition, we advised CMS to instead focus on efforts to strengthen the long-term care workforces through policies to assist in training, recruiting and retaining staff.