Judge rejects Biden mandate for nursing homes to bolster staffing
A federal judge in Texas rejected a Biden administration rule that would have required most U.S. nursing homes to add workers to meet a minimum staffing threshold.
U.S. District Judge Matthew J. Kacsmaryk on Monday sided with nursing homes who argued the staffing rule was too onerous. Kacsmaryk, a Trump appointee, said any staffing rule must comply with Congressional legislation governing nursing homes.
Under the Biden administration rule finalized last year, most U.S. nursing homes would've had to add nurses to meet minimum staffing ratios for homes that care for older adults and people with disabilities.
Nursing homes and two nursing home organizations sued to halt the rule from taking effect. The American Health Care Association, one of the organizations that filed the federal lawsuit in May in the Northern District of Texas, cheered Kacsmaryk's decision.
Clif Porter, president and CEO of the AHCA nursing home organization, said the staffing rule would've had far-reaching effects.
"This unrealistic staffing mandate threatened to close nursing homes and displace vulnerable seniors," Porter said in a statement. "The court decision not only upholds the rule of law and balance of powers, but it protects access to care for our aging population."
Katie Smith Sloan, president and CEO of LeadingAge, which represents nonprofit nursing homes and organizations that care for older adults, said the staffing mandate would've impacted care and services from nursing homes, home health agencies and hospice.
"Our stance has always been clear − imposing mandates rather than addressing funding adequacy and workforce sufficiency is wrong-headed," Sloan Smith said.
Kacsmaryk issued the summary judgment ruling after reviewing written arguments from AHCA, LeadingAge and individual nursing homes who asked the judge to reject the staffing rule. The federal judge also reviewed written arguments from the U.S. Department of Health and Human Services and Centers for Medicare & Medicaid Services on why the staffing rule is needed. The federal agencies filed their argument in November, when President Joe Biden was still in office.
A representative of the Centers for Medicare & Medicaid Services would not comment on the judge's ruling, citing pending litigation. It's unclear whether the agency plans to appeal.
Biden administration officials said the staffing rule was intended to limit cases of resident neglect or delays in care. The nursing home industry faced scrutiny after more than 200,000 nursing home residents and staff died from COVID-19 in the first two years of the pandemic.
Nursing homes, who have struggled to hire enough workers, said the rule would have created an unrealistic standard. AHCA's Porter said the staffing mandate is a "20th Century solution that should be blocked by Congress once and for all."