2024-08-15 01:06:51
Texas Attorney General Ken Paxton has launched legal action against the Biden administration, which aims to stop the enforcement of a new federal mandate regarding minimum staffing levels in nursing homes. The lawsuit, filed today, challenges the necessity and feasibility of the rule, which was announced by the US Department of Health and Human Services in April.
The controversial regulation requires nursing homes to keep a registered nurse on duty 24 hours a day and specifies a minimum of 3.5 hours of nursing care per resident per day. This is a significant increase from the previous federal requirement of eight consecutive hours per day. The rule targets facilities that participate in the Medicare and Medicaid programs, which are the vast majority of nursing homes across the country.
In his legal challenge, Paxton argues that the Department of Health and Human Services overstepped its authority with the rule, which he believes should be a matter for Congress. He also labeled the rule “arbitrary and capricious,” highlighting the current widespread nursing shortage that he said makes compliance nearly impossible for many long-term care facilities, especially those in rural areas. Paxton’s concern is that these staffing requirements could bankrupt rural nursing homes, given the multi-year lead-in, with a full compliance mandate for rural hospitals within five years.
The Biden administration first proposed these rules last September, following President Joe Biden’s pledge to address concerns about patient safety in nursing homes. This change occurred in part in response to the abuse and neglect cases brought to attention during the COVID-19 pandemic.
The Department of Health and Human Services has not commented on the pending lawsuit. Meanwhile, the impact of the new staffing rule is already being felt in the industry, as evidenced by LaVie Care Centers, a multistate nursing home operator, which cited the staffing mandate as a contributing factor in its decision to file for bankruptcy.
Reuters contributed to this article.
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