Creator: Patrick Connole
CMS Puts Final Nail in the Coffin for Staffing Mandates
After federal courts and Congress through its passage of President Trump’s “One Big Beautiful Bill Act” put minimum staffing requirements for skilled nursing facilities (SNFs) on life support, the U.S. Dept. of Health and Human Services (HHS) on Tuesday completed the process by repealing provisions of the “Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting Final Rule.”
Originating under the Centers for Medicare and Medicaid Services (CMS) during the Biden Administration, the nursing home sector considered staffing mandates an existential threat to facilities already challenged to meet staffing demands.
The staffing rule demanded that SNFs participating in the Medicare and Medicaid programs provide residents with a minimum total of 3.48 hours of nursing care per day, including at least 0.55 hours from a registered nurse per resident per day, and 2.45 hours from a nurse aide per resident per day. In addition, the rule required that each SNF have a registered nurse onsite at all times.
These measures would have disproportionately burdened rural and underserved communities already grappling with critical health care workforce shortages, HHS said in announcing the end to the provisions.
AHCA/NCAL Applauds
Clif Porter, president and CEO of the American Health Care Association/National Center for Assisted Living, praised HHS’s actions, and said it was time to move forward on helping solve the workforce challenges facing SNFs around the country.
“Rescinding the federal staffing mandate once and for all is a victory for our nation’s seniors and their families,” he said. “This unrealistic regulation threatened to close nursing homes and displace vulnerable residents. Again and again, we appreciate the leadership shown by Congress, the courts, and now CMS to uphold the rule of law and balance of powers, while also reaffirming the right decision: to prioritize protecting access to care for our aging population.”
Porter added that “our work is not yet done. Our nation’s aging population demands that we find a better way to build the caregivers for tomorrow. We look forward to working with Congress and the Administration to pursue more common-sense and supportive workforce solutions.”
Putting the federal actions on the staffing measures in perspective, Mark Parkinson, former head of AHCA/NCAL, and the CEO of Park Place Live, said the staffing rule was never going to happen for many reasons.
“The most prominent is that there aren’t enough workers to meet the mandate. It’s way past time to put this behind us and focus on adult solutions,” he said.
What HHS Said
In declaring the end to the staffing mandates, HHS said it determined the final rule “imposed by the Biden Administration” disproportionately burdened facilities, especially those serving rural and Tribal communities, and jeopardized access to care.
“Today’s decision to repeal these provisions, in alignment with the One Big Beautiful Bill Act, underscores HHS’s commitment to practical, sustainable approaches to improving nursing home care, and allows for further opportunity for engagement with community and Tribal stakeholders,” the agency said.
Questions or comments? Contact Patrick Connole at pconnole@parkplacelive.com.
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