A rule by the Biden administration that mandated how nursing homes must be staffed is expected to be trashed when Republicans take office next month.
The staffing rules were put in place following the COVID-19 pandemic, which saw 200,000 nursing home residents die.
Under the rule, nursing homes would be required to provide every resident with at least 3.48 hours of nursing care a day, including at least 0.55 hours of care from a registered nurse and 2.45 hours of care from a nurse aide.
The rule also required nursing homes to have a registered nurse on site 24-7, The Hill reported.
The nursing home industry opposed the rule, saying it doesn't address workforce challenges, while consumer advocates fear repealing it will harm residents, The Hill said.
A bipartisan group of senators, including independent West Virginia Sen. Joe Manchin and Sens. Bill Cassidy, R-La., and James Lankford, R-Okla., opposed the legislation.
"Severe workforce and nursing shortages have already hampered access to care. The Biden administration's rule would only make it worse," said Cassidy in a statement.
The rule was set to go into effect for urban facilities in 2027 and rural nursing homes in 2029, according to The Hill.
A group of 20 states sued the Biden administration over the policy, arguing it is unrealistic and would cripple an already strained industry.
Lawmakers in the House and Senate, which will both be under Republican rule, will have multiple ways to scuttle the rule, including via legislation or budget appropriation.
Beyond the incoming Republican trifecta, the court battles currently playing out over the rule also provide a potential avenue for it to be overturned.
Less than 20% of nursing facilities in the country currently meet all three of the minimum staffing requirements in the rule, according to an analysis from KFF, a nonpartisan organization focused on health facilities.
Most of the facilities that are not meeting those requirements are for-profit nursing homes or long-term care facilities, KFF reported.
KFF's analysis found 11% of for-profit facilities can meet the staffing minimums, while 41% of nonprofits and 39% of government facilities can.
The nursing home industry said they would have to spend $6.5 billion per year to comply with the rule, while the federal government estimates the cost of implementing the final rule would be $43 billion over 10 years, The Hill said.
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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