The push to repeal the nursing home staffing rule can have a direct impact on the care of residents
Families across Chicago and the rest of the country rely on nursing homes to provide safe and compassionate care for their loved ones. But recent developments in Washington could impact the quality of care that residents receive.
The Centers for Medicare & Medicaid Services (CMS) has drafted an interim final rule that would repeal federal minimum staffing standards for nursing homes – rules that were only finalized in 2024 after years of debate.
Why the rule was created
The 2024 staffing rule was designed to ensure that nursing home residents received at least 3.48 hours of direct nursing care per day, with a registered nurse (RN) on duty around the clock. Advocates for seniors argued these requirements were essential to prevent neglect, improve safety, and address chronic understaffing that has plagued nursing homes for decades.
However, the industry pushed back hard. Nursing home operators claimed the standards were unrealistic, pointing to widespread staffing shortages and difficulty recruiting qualified RNs in many regions. Providers submitted nearly 50,000 comments opposing the proposal before it was finalized.
Legal and political pushback
The backlash didn’t stop once the rule was adopted. Two separate federal courts struck down key provisions – including the RN staffing requirement and daily nursing hour mandates – finding that CMS had exceeded its authority and stepped into a role reserved for Congress.
Meanwhile, Congress itself moved to delay the rule’s enforcement until 2034, a move projected to save the federal government more than $22 billion in enforcement costs. With these setbacks, many industry leaders predicted the rule’s eventual collapse.
Now, CMS appears ready to make it official. The interim rule, currently under review by the White House Office of Management and Budget, could rescind the staffing mandates in whole or in part. If approved, the repeal would take effect immediately, without a public comment period.
The impact on residents
For residents and their families, the potential repeal raises serious concerns. Staffing levels are directly linked to the quality of care. Without enough nurses and caregivers, residents are at greater risk of:
- Falls and preventable injuries
- Bedsores and infections
- Medication errors
- Delayed responses to emergencies
- Increased hospitalizations
Advocates stress that while facilities face real challenges in recruiting staff, rolling back minimum protections only makes residents more vulnerable.
How a nursing home neglect attorney can help
A nursing home neglect attorney can help protect the rights of residents who have been neglected or mistreated in long-term care facilities. They know the laws that nursing homes must follow and can investigate signs of abuse – whether physical, emotional, financial, or from neglect. By working with medical experts, witnesses, and investigators, they gather the evidence needed to build a strong case and hold facilities accountable.
An attorney also fights to recover compensation for victims and their families, which may include medical costs and pain and suffering. A lawyer can guide you through the legal process every step of the way and negotiate with insurance companies or take the case to court if needed.
Our lawyers are ready to fight for your loved one
Whether federal staffing standards exist or not, nursing homes in Illinois still have a duty to provide safe and effective care. If a facility fails to meet that obligation and your loved one suffers neglect or even abuse, you have legal options.
The Chicago nursing home neglect lawyers at Ferrell & Young, LLC are committed to holding negligent facilities accountable. We understand how systemic understaffing leads to neglect, and we fight aggressively to protect vulnerable residents.
If your family member has been harmed in a nursing home, it’s important to get legal advice as soon as possible. Contact us today for a free consultation. You pay nothing unless we win your case.