The American Health Care Association, Texas Health Care Association and multiple long-term nursing home facilities in Texas filed a lawsuit May 23 against CMS over its recently finalized staffing rules.
The rules, which all long-term care facilities must meet to continue receiving federal funding, are not set to go into effect until 2026 for facilities in urban areas and 2027 for nursing facilities in rural regions.
The new policy will require these facilities to have 3.48 hours of staffed care per resident per day and a registered nurse to work a minimum of 0.55 hours per resident day at each facility and 2.45 hours for nurse aides. To meet these more specific staffing requirements regarding RNs and nurse aides, facilities in urban areas have until 2027, and those in rural regions have until 2029.
"To be clear, all agree that nursing homes need an adequate supply of well-trained staff," the lawsuit states. "But imposing a nationwide, multi-billion-dollar, unfunded mandate at a time when nursing homes are already struggling with staffing shortages and financial constraints will only make the situation worse."
A cost analysis measurement by the AHCA found that the new requirement could cost around $6.5 billion annually.
"[F]ederal officials rushed this flawed policy through, ignoring the credible concerns of stakeholders and showing little regard for the negative impact it will have on our nursing home residents, staff, and the larger health care system," Mark Parkinson, president and CEO of AHCA, stated in a May 24 news release detailing the lawsuit.
The nursing homes that joined the lawsuit include Arbrook Plaza, a facility located in Arlington, Texas; Booker Hospital District, which operates Twin Oaks Manor; a facility in Booker, Texas; and Harbor Lakes Nursing and Rehabilitation Center in Granbury, Texas.