A coalition of 20 states is suing the Biden administration over a policy requiring minimum staffing levels in nursing homes, alleging it will lead to mass closures of nursing homes and senior care facilities across the country.
In a lawsuit filed Tuesday in the Northern District of Iowa, state Attorney General Brenna Byrd (R) said the rule should be invalidated and permanently blocked from enforcing the rule. .
Iowa was joined as lead plaintiffs by Kansas and South Carolina. Other states that have signed on include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, Virginia and West Virginia.
“Instead of addressing the legitimate challenges facing nursing homes, Defendants offered coercive orders,” the complaint states. “This final rule poses an existential threat to the nursing home industry, as many already struggling nursing homes will be forced to close, and the primary victims will be patients who have nowhere else to go. Dew.”
The complaint alleges that the Biden administration circumvented Congress and exceeded the authority of the Centers for Medicare and Medicaid Services.
Under requirements announced earlier this year, all nursing homes receiving federal funding through Medicare and Medicaid must have a registered nurse on-site 24 hours a day, seven days a week, and one nurse per resident. Must provide at least 3.48 hours of nursing care per day. .
The policy comes after intense lobbying from the nursing home industry and a bipartisan group of lawmakers who say the federal standards are unattainable as staffing shortages worsen across the country due to the COVID-19 pandemic. It was announced despite opposition.
The rules set a minimum number of beds, but most of the country's 15,000 nursing homes will not meet the requirements. The rule is aimed at addressing nursing homes that are chronically understaffed, which can lead to substandard or unsafe care.
The Department of Health and Human Services estimates that the rule will cost nursing homes $43 billion over the next 10 years.
The rule's requirements will be phased in, with longer periods in rural areas. Limited, temporary exemptions apply to both the 24/7 registered nurse requirement and the basic staffing standards for nursing homes in understaffed areas that demonstrate a bona fide hiring effort.
Non-local facilities must meet the requirements by May 2027, and local facilities have a five-year deadline through May 2029.
Two other lawsuits have already been filed in Texas over this rule. One application was filed by the state itself, and the other was filed by a nursing home industry association and the state's three nursing home operators.
