After the U.S. Dept. of Health and Human Services (HHS) recently withdrew its legal appeals to defend federal minimum staffing requirements in skilled nursing facilities (SNFs), it was clear all along that the agency was in the wrong.

That’s the take of Mark Parkinson, CEO of long-term care platform Park Place Live (www.parkplacelive.com), and former longtime head of the American Health Care Association/National Center for Assisted Living (AHCA/NCAL).

After the move by HHS, the U.S. Court of Appeals for the Fifth Circuit granted the agency’s motion to dismiss on Sept. 19 after HHS the day before filed a motion to dismiss the case in the U.S. Court of Appeals for the Eighth Circuit.

"It was clear from the start that CMS did not have the authority to impose a staffing mandate. Only Congress has that power. The administration's decision puts an end to a battle that should never have taken place," Parkinson said.

The drumbeat to kill off the Biden Administration-era mandate got louder in the spring when Congress in May passed President Trump’s One Big Beautiful Bill Act (OBBBA), which included a 10-year moratorium on the staffing mandate. The Trump Administration-run CMS also proposed to eliminate the staffing requirements.

CMS, under the previous administration, established the mandate, which has never gone into effect, to ensure that SNFs provide 3.48 hours of nursing care per resident per day and that a registered nurse be onsite 24/7, among many other measures.

SNFs fought against the mandate, with groups suing the agency, led by AHCA/NCAL, which called the requirements untenable.

If you have news, or wish to comment, please reply to Patrick Connole at pconnole@parkplacelive.com.