Health Affairs July 15, 2024
Sheela Ranganathan

On May 23, 2024, two long-term care trade associations and three nursing homes jointly filed a lawsuit in Texas challenging a Biden Administration rule that set forth new staffing requirements for nursing homes. The case has been assigned to Judge Matthew Kacsmaryk, a Trump appointee who has invalidated many Biden Administration regulations, including protections for gay and transgender employees, and is well known for his nationwide ruling blocking federal approval of medication abortion. The lawsuit is the first case challenging the new nursing home regulations.

Background On Final Regulation

Nursing home staffing requirements have long been a focus of policymakers. In 1972, Congress designated two staffing requirements for nursing homes participating in Medicare or Medicaid (more than 97 percent of...

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