Lawmakers take steps to overturn SNF minimum staffing requirements

Two House representatives have introduced the Congressional Review Act to overturn the minimum staffing requirements for nursing homes, The Hill reported May 16.

The first minimum staffing rule for nursing homes was finalized April 22. The mandate requires all nursing homes that receive Medicare and Medicaid to provide at least 3.48 hours of nursing care per resident per day, including a defined number for registered nurses (0.55 hours per resident per day) and nurse aides (2.45 per resident per day). 

The ruling could cost nursing homes $43 billion over the next decade, according to an HHS estimate.

"The HHS nursing staff mandate is a half-baked, one-size-fits-none plan that will not solve the nursing staff shortage," Rep. Michelle Fischbach, one of the representatives that introduced the Congressional Review Act, said in a statement to the Hill. "I am committed to holding the government accountable and I am proud to introduce this CRA to overturn a potentially disastrous policy."

If the bill passes, President Biden could still veto it, but the rule is likely to face legal challenges from industry groups, according to the report.

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