On April 7, 2025, a federal district judge in Texas vacated much of the recently finalized staffing rule, holding that CMS exceeded its authority when requiring that nursing homes have a registered nurse (RN) present twenty-four hour per day, seven days per week, and that nursing homes must provide at least a minimum amount of hours of care per day per resident. Consumer Voice has strongly supported the rule, estimated to save 13,000 resident lives each year, and is disappointed with the court’s holdings. The case was brought by the major lobbying organizations for the nursing home industry, including the American Healthcare Association and Leading Age. Other portions of the rule, including facility assessment requirements and a requirement that states publicly report on nursing home Medicaid spending on direct care staff and support staff, were left in place by the court.
It is unclear whether the Trump Administration will appeal this decision. Recently, it filed a brief in a similar case in federal court in Iowa, strongly defending the rule. Despite this ruling, nursing homes are still required to have sufficient staff to meet all nursing home residents’ needs.
