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News » Trump urged to halt nursing home staffing rule

Trump urged to halt nursing home staffing rule

Photo from AP/ Nathan Howard

SOUTH DAKOTA, UNITED STATES — Nursing home representatives in South Dakota are calling on the incoming Trump administration to halt a federal staffing rule they argue could devastate long-term care facilities across the state. 

The rule, introduced under President Joe Biden’s administration, mandates that nursing homes meet strict staffing requirements, which industry leaders say are both financially and logistically impossible to achieve.

The regulation, imposed by the U.S. Centers for Medicare and Medicaid Services (CMS), requires nursing homes to have a registered nurse on staff 24/7 and to provide at least 3.48 hours of care per resident per day. Urban areas must comply by May 2026, while rural facilities have until May 2027.

$20 million burden for South Dakota nursing homes

According to the South Dakota Health Care Association, the cost of complying with the new rule would be nearly $20 million statewide, translating to approximately $205,000 per facility. 

Brett Hoffman, the association’s director of public policy and communications, warned that these costs could lead to widespread displacement of residents.

“It would be impossible to implement the requirements in South Dakota,” Hoffman said, noting that up to 600 residents — about 12.5% of the state’s nursing home population — could be at risk of losing their homes due to financial strain.

Pandemic worsens staffing shortages

The COVID-19 pandemic has exacerbated staffing shortages in South Dakota’s nursing homes, many of which are still struggling to recover. 

Justin Hinker, vice president of post-acute care at the South Dakota Association of Healthcare Organizations, pointed out that only 5% of facilities in the state currently meet the staffing requirements set by CMS.

Hinker also expressed concern over the potential need for nursing homes to rely on expensive travel nurses if they are unable to meet staffing levels with local hires. 

“We’re not opposed to adequate staffing,” Hinker said. “But we’re not in favor of a one-size-fits-all solution.”

Legal battles and legislative efforts continue

South Dakota is one of several states involved in lawsuits challenging the CMS staffing rule. Additionally, federal legislation aimed at overturning the mandate is pending, and a potential U.S. Supreme Court ruling could impact federal agencies’ authority to enforce such regulations.

While nursing home representatives hope for relief from the Trump administration, they are also urging state lawmakers to invest more in a broader range of senior care services. These include assisted living, home health care, hospice, and palliative care options, which they say are crucial for supporting South Dakota’s aging population.

Legal challenges and nursing home advocacy efforts

As legal challenges unfold and legislative efforts continue, South Dakota’s nursing home industry remains hopeful for a change in federal policy under President-elect Trump. 

In the meantime, industry leaders are pushing for increased investment in alternative senior care services to ensure that vulnerable residents receive the care they need without overwhelming financial burdens on facilities.

Read more here.

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