The Department of Health and Human Services Repeals Nursing Home Minimum Staffing Requirement
In what could impact Ohio families, the Trump administration revokes nursing home staffing rule:
Decades of peer-reviewed research have shown what happens when RN staffing decreases. Higher rates of infections. More falls. More pressure ulcers. More emergency transfers. Higher mortality.
What Was Revoked: The Trump administration repealed a Biden-era rule on Tuesday that would have required nursing homes to increase their staffing and have a registered nurse on premise around the clock. The rule required Medicare and Medicaid-certified facilities to maintain 24/7 onsite skilled nursing care for all residents and a minimum 3.47 hours per resident day.
When It Takes Effect: Beginning February 2, 2026, Medicare and Medicaid-certified nursing homes will no longer be required to have a registered nurse (RN) on-site 24 hours a day, seven days a week.
Administration's Justification: HHS Secretary Robert F. Kennedy Jr. said, "Safe, high-quality care is essential, but rigid, one-size-fits-all mandates fail patients. This Administration will safeguard access to care by removing federal barriers—not by imposing requirements that limit patient choice". HHS has repealed the rule, saying it would disproportionately burden rural and Tribal communities.
Industry Response: Critics in the nursing home industry argued that the rule would be burdensome, particularly for rural facilities that could not afford to hire additional staff. HHS estimated that the nursing home industry would need to hire 12,000 registered nurses and more than 77,000 nursing aides to meet the mandated standards. Over 10 years, HHS anticipated that the minimum staffing requirement would cost the industry $43 billion.
Advocates' Concerns: The National Consumer Voice for Quality Long-Term Care said "The minimum staffing rule was estimated to save 13,000 lives annually and enhance the quality of care and life for nursing home residents". Decades of peer-reviewed research have shown what happens when RN staffing decreases. Higher rates of infections. More falls. More pressure ulcers. More emergency transfers. Higher mortality.
Background: The staffing rule was intended to address quality concerns brought to light during the COVID-19 pandemic, which found inadequate staff could lead to more falls, illness and lower patient health outcomes.
The repeal has created significant controversy, with the nursing home industry celebrating while patient advocates warn it will lead to preventable deaths and injuries among vulnerable nursing home residents.
Read more here:
New York Times - After Donations, Trump Administration Revoked Rule Requiring More Nursing Home Staff
For more information about how this may impact your loved ones in an Ohio nursing home, please call us at 1 800 OHIO LAW as we would be happy to talk with you and help you in any way that we can.