June 9, 2025
The U.S. Department of Justice is appealing a recent court ruling that blocked the new nursing home staffing mandate final rule. In April 2025, a federal judge in Texas ruled that the Department of Health and Human Services (HHS) exceeded its statutory authority by imposing minimum staffing requirements on nursing homes receiving Medicare and Medicaid funding. The judge specifically vacated provisions requiring a registered nurse on-site 24/7 and a total of 3.48 hours of nursing care per resident per day.
In response, the federal government has filed an appeal, seeking to reinstate the staffing requirements and defending the rule as a necessary measure to ensure the health and safety of nursing home residents. CMS argues that the new standards are consistent with the agency's longstanding authority to regulate conditions of participation for Medicare and Medicaid providers.
At the same time, the current Congressional budget proposal includes a provision under the section “Preventing Wasteful Spending,” which would delay implementation of the staffing mandate final rule. If enacted, the moratorium would halt the rule's enforcement until at least January 1, 2035.
PALTmed has long urged CMS and federal leaders to invest in the post-acute and long-term care workforce, noting that a trained and supported team is the foundation of high-quality care for the nation’s most vulnerable residents. For more about PALTmed’s past statements, read our position on staffing standards and PALTmed’s letter on the final rule.
