On September 2, 2025, Consumer Voice learned that the Centers for Medicare & Medicaid Services (CMS) is planning to issue a new interim final rule that would rescind the minimum staffing rule in nursing homes. As part of the regulatory process, the proposed interim rule is currently under review at the Office of Management and Budget. When issued, there will be no opportunity for public comment. Because the proposed rule is under review, and has not been issued, it is unclear whether CMS plans to rescind all, or parts, of the minimum staffing rule. Consumer Voice strongly opposes any planned action to rescind the nursing home staffing rule, which is estimated to save 13,000 lives each year.
The proposed rescission of the minimum staffing rule comes just weeks after Congress postponed its implementation for ten years, in order to pay for tax cuts for the wealthiest Americans. Importantly, Congress did not rescind any part of the rule but merely delayed its implementation. Now, despite this recent congressional action, CMS appears to be ignoring Congress and taking unilateral action.
Further, CMS plans to take this action despite the Trump Administration’s continued efforts to defend the rule in court. Two federal district courts have taken action to rescind parts of the rule. In both cases, the Department of Justice has appealed these decisions.
Make no mistake, rescission of this rule will result in the deaths of tens of thousands of nursing home residents, perpetuate poor care in nursing homes, and lead to incalculable harm to our country’s most vulnerable citizens. Consumer Voice urges CMS to reconsider this harmful action and to protect the hundreds of thousands of nursing home residents who would benefit from the rule.
Consumer Voice will continue to provide updates as this situation develops.
