LeadingAge Joins Lawsuit to Stop Nursing Home Staffing Rule

WASHINGTON—Following its early June decision to file to join the American Health Care Association’s (AHCA) lawsuit against the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS), LeadingAge, the association of nonprofit providers of aging services, including nursing homes, announced its official co-plaintiff status.

The suit, filed on May 23, argues that the agencies exceeded their statutory authority in issuing the Minimum Staffing Standards for Long-Term Care Facilities final rule.

“We oppose this mandate because it does not acknowledge the interdependence of funding, care, staffing and quality; it will, without question, impact the ability of our nursing home members, as well as those in other care settings, including home health and hospice, to provide care and services,” said Katie Smith Sloan, president and CEO, LeadingAge. “Joining as co-plaintiff is part of our commitment to use every tool available to us—legal, as well as legislative and regulatory—to both address the fundamental issue of building the long-term care workforce and halt implementation of CMS’s final staffing rule. Our nonprofit and mission-driven members, many of whom have served their communities for decades, caring for older adults and families over generations, know deeply the essence of caregiving. That’s why, at the outset of the Biden Administration’s first mention of possible mandates, back in 2022, we made our position clear: we fully share the goal of ensuring quality care and our country’s current long-term care infrastructure cannot sustain staffing mandates until they are supported by adequate funding and available staff. Quality care and staffing are tightly connected. Without the nurse aides, registered nurses, licensed practical nurses and others who serve nursing home residents, there simply is no care. The administration’s wrongheaded approach will not achieve the shared goal.”

“We are pleased that LeadingAge has joined our legal fight against the federal staffing mandate,” said Mark Parkinson, president and CEO of AHCA/NCAL. “The entire profession is completely united against this rule. No matter the location, size, or profile, every nursing home wants to hire more workers, but these impossible standards do nothing to help their recruitment efforts or solve the growing caregiver shortage.  This one-size-fits-all mandate will only make matters worse and threaten access to care for millions of seniors. Together, we will prevail and continue to fight for smarter, more sustainable ways to support those we serve.”

Read the full amended complaint here.