For years the Minimum Staffing Rule has been in the news. From when it became extremely apparent that it was needed to the introduction of the Final Rule from CMS. Every step of the way, the minimum staffing rule has had its problems and criticisms, but overall it was seen as a good thing that would save lives, alleviate staff burnout and turnover, and provide much-needed care that often falls through the cracks. Recently, The National Consumer Voice for Quality Long-Term Care (Consumer Voice) was informed that the Centers for Medicare & Medicaid Services (CMS) plans to issue a “new interim final rule that would rescind the minimum staffing rule” (Consumer Voice).
The Minimum Staffing Rule
The basic premise of the Minimum Staffing Rule is active staff care for 4.1 hours per day per resident. That equals one nurse for every seven residents during both day and night shifts. It is obvious why this is a good thing and should be encouraged; not only will this ensure proper and sufficient hygiene, supervision, bedsore and fall prevention, and proper medicine distribution, but it also ensures staff do not get overwhelmed, burnt out, or resort to antipsychotic drugs or abuse.
Currently, only a third of nursing homes meet the minimum and the primary concern with a blanket rule was that most nursing homes would not be able to meet the minimum and would be forced to close their doors, worsening the problems. It was estimated that a Minimum Staffing Rule would save 13,000 lives every year.
Rescinding Minimum Staffing
CMS has issued an interim final rule that would rescind the earlier proposed Minimum Staffing Rule. At the moment (September 2025) it is under review so it is unclear whether it will rescind the entirety of the Minimum Staffing Rule or just parts of it. Either way, stepping back from the progress made could be detrimental to finding the perfect solution for all nursing homes.
The Future of Staffing Requirements
While the future of staffing requirements is still unknown, it is vital that we, as families, advocates, and industry professionals, continue to advocate for better care. Being present in your love one’s life, visiting them and assisting with their care, is vital to alleviating staff overwhelm and stopping abuse before it happens. Additionally, as advocates, we can work with our representatives and other industry professionals to find other solutions if the Minimum Staffing Rule does not pass or is eliminated completely.
If you or a loved one have been the victim of abuse or neglect, call Gharibian Law today for a FREE consultation and the best legal representation.
Read more about the Minimum Staffing Rule: Nursing Home Staff Instability & Its Impact | Staffing Standard Rule Proposal