Lexology April 26, 2024
McCarter & English LLP

The contentious “Nursing Home Minimum Staffing Rule,” which sets minimum staffing requirements for federally funded long-term care facilities throughout the U.S., was finalized on April 22, 2024. The rule was initially proposed in September 2023 by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), and received almost 47,000 public comments. The rule has been controversial, as many facilities find the requirements unattainable due to practical challenges such as the extensive nursing staff shortages throughout the country.

The final rule requires all nursing homes that receive federal funding to have 3.48 hours per resident per day of total staffing, including a defined number of both registered nurses (0.55 hours per resident per...

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