Oct 09, 2024
COLUMBIA, S.C. (WCBD) - More than a dozen states, including South Carolina, are suing to overturn new federal staffing requirements for nursing homes, arguing the rule is "monumentally costly and nearly impossible" to comply with. The lawsuit, filed Oct. 8 in the North District of Iowa, argues that the Centers for Medicaid and Medicare Services (CMS) overstepped its authority in implementing the so-called "Final Rule" and violated a congressional statute. South Carolina Attorney General Alan Wilson (R) said Wednesday the complaint was filed on behalf of "hundreds of not-for-profit aging service providers" across the U.S. “This new staffing rule is impossible to implement based on the nursing shortage and will force the closure of nursing homes and raise costs at those that remain, devasting families financially and leaving people without the care they need,” said Wilson. Under the requirements unveiled in April, all nursing homes that receive federal funding through Medicare and Medicaid will need to have a registered nurse on staff 24 hours per day, seven days per week and provide at least 3.48 hours of nursing care per resident per day.  The rules will cost nursing homes $43 billion over the next decade, according to estimates from the Department of Health and Human Services (HHS).    Harris aims to help adult caregivers with Medicare benefit expansion But, the complaint alleges that the staffing requirement is "impractical", arguing it would force some facilities to close and exacerbate the ongoing nursing staff shortage, especially in rural areas. "This Final Rule poses an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business," the complaint states. "And the main victims will be the patients who will have nowhere else to go." The requirements of the rule will be introduced in phases, with longer timeframes for rural communities. Limited, temporary exemptions will be available for both the 24/7 registered nurse requirement and the underlying staffing standards for nursing homes in workforce shortage areas that demonstrate a good faith effort to hire.    Nonrural facilities must meet the requirements by May 2027, and rural facilities have five years, until May 2029.  The staggered timeline could also pose an issue, the American Health Care Association (ACHA) argued in a separate lawsuit filed in June. "[It] risks 'pit[ting] urban and rural areas against each other as staff are first recruited away from rural areas to fulfill the needs of urban nursing homes, then 1-2 years later rural areas are scrapping to bring staff back,'" the complaint stated, citing nonprofit LeadingAge. The CEO of LeadingAge South Carolina, Kassie South, applauded Wilson's efforts in a statement. "We are thankful for Attorney General Alan Wilson, for fighting for the elders, healthcare system, and taxpayers in South Carolina and nationwide that will be gravely impacted by this unfunded and unlawful mandate." ks-v-becerra-complaintDownload The Hill contributed to this report.
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