Judge blocks Biden rule requiring more staff at nursing homes

By Brendan Pierson

April 8 (Reuters) - A federal judge has blocked a rule passed by Democratic former President Joe Biden's administration setting new minimum staffing requirements at federally funded nursing homes, a victory for nursing home industry groups.

U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, found that the U.S. Department of Health and Human Services rule, announced last April, went beyond the authority given to the agency by Congress. He granted summary judgment without trial to the American Health Care Association and other groups and nursing homes that had sued the Biden administration last May.

AHCA President Clif Porter in a statement called the ruling "a victory for our nation's seniors and their families."

"This unrealistic staffing mandate threatened to close nursing homes and displace vulnerable seniors," he said.

HHS did not immediately respond to a request for comment. Mehmet Oz, who heads the agency's Centers for Medicare & Medicaid Services, signaled during his Senate confirmation hearing that he was open to relaxing the staffing mandate, but so far Republican President Donald Trump's administration has continued to defend it in court.

While the new regulation would require nursing homes that receive Medicare and Medicaid funding to employ a registered professional nurse 24 hours per day, every day, the federal law on nursing home staffing requires a registered professional nurse only eight hours per day, Kacsmaryk wrote.

The new rule would also require nursing homes to maintain total nurse staffing, including nurse aides, of at least 3-1/2 hours per resident per day. Kacsmaryk said that, too, went beyond the statute, which gave nursing homes flexibility in providing staff "sufficient to meet the nursing needs" of their residents.

"Though rooted in laudable goals, the final rule still must be consistent with Congress's statutes," Kacsmaryk wrote. "To allow otherwise permits agencies to amend statutes though they lack legislative power. Separation of powers demands more than praiseworthy intent."

Biden had pledged to crack down on nursing homes that endanger patient safety in response to abuse and neglect that were highlighted during the COVID-19 pandemic.

Opponents of the rule, including nursing home industry groups, many Republican lawmakers and some Democrats, have said it is too burdensome and could drive smaller and rural facilities already facing a workforce shortage out of business.

A different judge rejected a separate bid to block the rule by a group of Republican-led states in January, days before Trump took office.

The case is American Health Care Association et al v. Kennedy, U.S. District Court for the Northern District of Texas, No. 2:24-cv-00114.

For the plaintiffs: Erin Murphy of Clement Murphy and others

For the government: Andrew Rising of the U.S. Department of Justice

Read more:

VP Harris to unveil nursing home rules in battleground state of Wisconsin

Pandemic exposes systemic staffing problems at U.S. nursing homes

Republican-led states lose bid to block Biden nursing home staffing rule