South Carolina Attorney General Alan Wilson has joined forces with 20 state attorneys general and various organizations representing not-for-profit aging services providers to challenge a new federal staffing mandate for nursing homes. The lawsuit, filed in the United States District Court's Northern District of Iowa, aims to overturn the mandate imposed by the Centers for Medicaid and Medicare Services (CMS).
Attorney General Wilson expressed concerns about the impact of this rule on nursing homes. "This new staffing rule is impossible to implement based on the nursing shortage and will force the closure of nursing homes and raise costs at those that remain, devastating families financially and leaving people without the care they need," he stated.
The CMS rule, released in April, requires federally funded nursing homes to revise facility assessments and adhere to specific staffing standards. These include providing 3.48 hours of direct nursing care per patient daily and ensuring a registered nurse is available 24 hours a day. This translates into needing an additional 27,000 full-time registered nurses (RNs) and 78,000 full-time nurse aides nationwide, costing over $7 billion.
Kassie South, CEO of LeadingAge South Carolina, supported Wilson's efforts against what she described as an unfunded mandate. "We are thankful for Attorney General Alan Wilson for fighting for the elders, healthcare system, and taxpayers in South Carolina and nationwide that will be gravely impacted by this unfunded and unlawful mandate," she said.
The lawsuit seeks not only to overturn these requirements but also to vacate some of their more burdensome aspects.