Implications for LTC Facilities
On June 2, 2025, the U.S. Department of Health and Human Services (HHS) appealed an April 2024 federal court ruling that struck down the Biden administration’s nursing home staffing mandate. The regulation, issued by CMS, requires facilities to provide a minimum of 3.48 clinical staff hours per resident per day and have an RN on-site 24/7. The court ruled the mandate overreached CMS authority and failed to consider the reality of nationwide staffing shortages.
While legal experts view the appeal as largely procedural—intended to preserve broader budgetary strategies—LTC leaders consider it a continued burden on an already strained care delivery system. Key voices in the industry, including Katie Smith Sloan (LeadingAge) and Clif Porter (AHCA/NCAL), argue that the appeal wastes time and resources and distracts from workforce development efforts.
Why It Matters to LTC Facilities:
This case underscores the regulatory uncertainty and legal tug-of-war that nursing homes must navigate. Facilities are being asked to prepare for mandates that may never be implemented while simultaneously struggling to recruit and retain qualified staff. The ruling and appeal reflect a broader national debate: how to ensure quality care without enforcing unattainable staffing minimums during a workforce crisis.
LTC providers should closely monitor the outcome, as it may shape future regulations, impact Medicaid funding, and influence how compliance systems are prioritized and resourced.
For questions or further clarification, please contact your Polaris Consultant.
Source: Skilled Nursing News. (2024, June 3).
