Long-term care advocates speak out on regulatory rollbacks

"Industry lawsuits quickly blocked most of the regulation, with two federal courts ruling that Medicare exceeded its authority. Following the 2024 elections, Congress barred implementation of the standards before 2034. Last month, the Centers for Medicare and Medicaid Services (CMS) repealed the rule entirely. Hunter called the move devastating with advocates saying it signals a retreat from oversight. It's clear (CMS) has no interest in ensuring adequate staffing, said Sam Brooks of the National Consumer Voice for Quality Long-Term Care."

"They're repealing a regulation that could have saved 13,000 lives a year. Industry groups countered that facilities could not meet the requirements. The rule was requiring nursing homes to hire an additional 100,000 caregivers that simply don't exist, Holly Harmon of the American Health Care Association told the Times in an email. In July, the U.S. Department of Labor also rescinded a 2013 rule extending minimum wage and overtime protections to home care workers, reverting to a 1975 interpretation of federal labor law,"

Medicare adopted a 2024 rule requiring nursing homes to provide at least 3.48 hours of nursing and aide care per resident per day and to have a registered nurse on site 24/7. Legal challenges and two federal court rulings found Medicare exceeded its authority, and Congress barred implementation until 2034. CMS repealed the rule, prompting advocates to call the move devastating and to warn it signals a retreat from oversight and could have saved 13,000 lives annually. Industry groups argued facilities could not meet requirements and claimed hiring 100,000 additional caregivers is infeasible. The Department of Labor also rescinded a 2013 wage rule for home care workers, and CMS launched WISeR, an AI-based prior authorization pilot.

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