Last year, the Biden Administration said nursing homes would be required to have a registered nurse on the clock 24/7. The Administration also wanted enough RNs on staff to provide at least three hours of care to each patient daily, among other staffing requirements.
The rule went above and beyond the standards that Congress had laid out for the nursing home industry. A federal judge in Texas said the U.S. Centers for Medicare and Medicaid Services exceeded its authority by issuing a more stringent rule.
Nursing homes in Montana argued the rule could force them to close if they couldn’t hire enough staff, which is a struggle in rural areas. A state report found that a quarter of RNs in the state plan to retire in the next few years, which could have made the rule even more difficult to comply with.
The Biden Administration and patient safety advocates said the rule is needed to improve patient safety, and that most nursing homes could easily comply.