LINCOLN – Nebraska has joined 19 other states in filing a lawsuit against the Biden administration to block new federal regulations on nursing home staffing. The Centers for Medicare and Medicaid Services (CMS) finalized rules in April that mandate nursing homes to assess residents' needs and provide a minimum of 3.48 hours of direct nursing care per resident, per day. Additionally, the regulations require nursing homes to have a registered nurse (RN) on staff 24/7.

The lawsuit argues that these new requirements place an undue burden on an industry already grappling with severe staffing shortages. A study by the Long-Term Care Community Coalition revealed that only 60% of nursing homes would be able to meet the new standards. Nebraska Attorney General Mike Hilgers criticized the rules, stating, “Unfortunately, the CMS rule imposes new burdens on nursing homes that are both unlawful and counterproductive.”

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