Federal Court Finds CMS Exceeded Authority for SNF Staffing Mandate

This past Monday, a Texas federal court ruling found in favor of the American Health Care Association (AHCA) and LeadingAge, plaintiffs challenging the Centers for Medicaid & Medicare Services (CMS) mandatory staffing rule for skilled nursing facilities adopted during the Biden administration.  The rule would have increased the requirement for direct care staffing and implemented a 24-hour registered nursing staffing requirement for all skilled nursing facilities. In short, the court found that CMS lacked the authority to replace federal rules established by Congress.

While this ruling will not affect Washington state minimum staffing requirements established in Chapter 74.42.360 RCW, the ruling is important to our state. “The CMS staffing mandate would have driven an additional $40 million in annual costs to meet this mandate,” notes Bill Ulrich, principal of Consolidated Billing Services in Spokane.

According to AHCA CEO Clif Porter, “The Administration now has 60 days to decide whether to appeal the rule. It is possible that they will decline to appeal, and this court’s ruling will stand. Given the new administration, we are hopeful that will be the case.”

Learn more about the ruling:

• AHCA CEO Clif Porter’s Announcement
• McKnight’s LTC News: Judge tosses nursing home staffing rule in “major victory’ for sector