Last year, the federal government issued regulations that would have established minimum nursing facility staffing standards. On Monday, however, a federal court in Texas invalidated those regulations, ruling that they conflict with the federal nursing facility law enacted by Congress. The regulations, which were to have been implemented between 2026 and 2029, would require that nursing facilities employ at least one registered nurse at all times. In addition, nursing facilities would be required to maintain certain staffing levels based on the number of residents – specifically, enough staff so that each resident has at least 3.48 hours of nursing services each day, including at least 2.45 hours of nurse aide time and 0.55 hour of registered nurse time. The court’s ruling focused largely on the purported conflict between the regulations and the Nursing Facility Reform Law enacted by Congress in 1987. The Reform Law requires a registered nurse for at least eight hours per day, rather than the around-the-clock coverage required by the regulations. Regarding the numerical minimums, the court asserted that the Reform Law requires a facility’s individualized consideration of residents’ needs, which is (according to the court) inconsistent with the standardized numerical minimums. Based on this legal reasoning, the court vacated the relevant regulatory provisions — essentially erasing them. The court’s ruling is not necessarily the last word on this matter. The federal government has the right to appeal, and a similar case is being considered by a federal court in Iowa. Additional Resources:
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