What’s in Store for Nursing Home Staffing Standards with the Incoming Administration

For a few years now, the staffing standard for nursing homes has been at the forefront of long-term care policy change. Between the initial final rule from CMS and the significant discussion and backlash that followed from various avenues, it is hard to say which way the legislature currently stands. To add more unknowns, the second Donald Trump administration will take office at the end of January, and they seem to have their sights zeroed in on the impending enforcement of the staffing standard. So what could this new administration have in store for the staffing standard?

In short, the proposed staffing standard would require all nursing homes to adhere to a strict 24/7 care plan. This includes an on-site RN at all times as well as enough staff to provide 3.48 total nurse staffing hours per resident day (HPRD) of nursing care. More than 40% of the country’s long-term care facilities will need to hire more nursing staff to meet this requirement.

The financial impact, as well as the concern that most nursing homes will not be able to find the staff to meet the requirement—and therefore shut down—are among the primary concerns across the industry.

The staffing standard initiative was pushed through primarily under the watchful eye of the Biden administration. With the transfer of power in January 2025, we could see a swift end to the requirement before any facility has had time to implement it. 

The CEO of Ensign Group, Barry Port, spoke at the Stephens Annual Investment Conference, expressing his thoughts on what is to come. Port said that the “somewhat onerous and burdensome” CMS rules are a priority for the second Trump administration and could be reversed using Executive Order. 

Port’s confidence also comes with the knowledge that a Senate Bill is currently proposed which could end the staffing standard before the inauguration in January. Additionally, the Protecting Rural Seniors’ Access to Care Act is on the table which directly addresses concerns with the staffing standard.

While it is worrisome that something like the staffing standard—potentially a net benefit for residents—could be struck down, it is important to acknowledge that it isn’t the end. Other proposals, and possibly better proposals, are not out of the question. 

If you or a loved one have been the victim of nursing home neglect or abuse, call Gharibian Law (866-239-8812) today for a FREE consultation and the best legal representation.