After a federal judge in Texas vacated the nursing home staffing rule on Monday, operators are rejoicing, though some legal experts in the sector suggest the fight may not be over just yet.
“This is a really strong decision on both prongs of the staffing mandate. It hits all of the relevant points as to how the ‘unflinching’ mandate seeks to alter what Congress set in place,” Mark Reagan, managing shareholder at Hooper, Lundy & Bookman, told Skilled Nursing News. “The rule does not supplement, it contradicts. If appealed, I am very confident that the District Court’s judgment will be upheld by the Fifth Circuit Court of Appeals.”
Nate Schema, president and CEO of the Evangelical Good Samaritan Society, applauded the decision, which he said was particularly meaningful to keeping the doors of rural nursing homes open. Good Sam is the largest nonprofit skilled nursing provider, with 70% of its residents housed in rural nursing homes.
“Yesterday’s court decision was a critical step in safeguarding access to care for seniors in rural America. With the courts making clear that CMS lacks the authority to impose staffing mandates, it’s now up to Congress to lead,” Schema said in an emailed statement to SNN Tuesday. “Lawmakers must repeal the minimum staffing rule and focus on common-sense policy solutions that prioritize recruitment, training, and retention of caregivers to meet the needs of our seniors and their families—today and into the future.”
Read more from Skilled Nursing News
Find a Good Samaritan Society location
Connect with Us
Sign up for Good Samaritan's newsletter to learn about our mission and how we're making a difference. Stay up-to-date on health information, events, services, and more.