After considerable legal and legislative wrangling over the past year, the U.S. Department of Health & Human Services (HHS) announced on December 2, 2025 that it repealed the minimum staffing standards for long-term care facilities participating in Medicare and Medicaid programs due to its burdensome impact on facilities, “especially those serving rural and Tribal communities”, and concerns over patient access to care.
These minimum staffing standards, which were established in 2024, required facilities to provide residents with a minimum total of 3.48 hours of nursing care per day, including at least 0.55 hours from a registered nurse per resident per day, and 2.45 hours from a nurse aide per resident per day.
The repeal of these minimum staffing rules is a welcome development for all long-term care facilities, and “puts staffing decisions back with the facilities where they belong, and not as a ‘one size fits all’ edict from the federal government”, said Partner Susan St John. Importantly, however, it is critical that facilities appropriately staff in accordance with their census and based on the needs and complexities of their patients/residents.
Should you have any questions regarding breaking news, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].
