Our Take: From election night through early 2025, the Trump administration has consistently signaled that repealing the Biden-era nursing home staffing mandate is a near-term priority. New reporting indicates the White House may bypass the traditional rulemaking process to eliminate the rule faster than previously expected. ▼
Skilled nursing facilities facing 2026 compliance deadlines for minimum staffing requirements should monitor federal deregulation activity closely
As Trump Admin Rushes to Eliminate Federal Rules, Nursing Home Staffing Rule Maybe Cut
“The Trump Administration is preparing a plan to eliminate federal regulations swiftly and permanently, which could include removal of the nursing home staffing mandate. According to the New York Times, officials at several federal agencies are being instructed to bypass the traditional repeal process, one that often takes years.”
— Skilled Nursing News, April 15, 2025
Nursing Home Staffing Mandate Could Be Resolved Quickly, CMS Nominee Oz Indicates
“It will be one of the earlier things I focus on,” Oz told the Senate Finance Committee, adding: “I believe we can provide quality of care equivalent to having a nurse in that nursing home using tools and technologies including telemedicine.”
— McKnight’s Long-Term Care News, March 17, 2025
“We appreciate Dr. Oz’s recognition that the nursing home staffing rule requires further consideration, particularly given the anticipated challenges and unintended consequences it may have on rural providers,” said Linda Couch, senior vice president of policy at LeadingAge.
— Skilled Nursing News, March 14, 2025
“We are hopeful that the rule’s repeal is on his 100-days to-do list. We do know, from press reports, that the rule’s repeal is on Congress’s list for budget reconciliation options,” said Linda Couch, LeadingAge senior vice president of policy and advocacy.
— McKnight’s Long-Term Care News, January 22, 2025
Ensign CEO: Killing Staffing Mandate a ‘Quick Priority’ for New Administration
“We believe it will be a relatively quick priority, should it come to this, having it reversed through executive order. Even maybe before that, we have a bill that’s in the Senate and we have a good chance of having action on that during the lame-duck session,” said Ensign Group CEO Barry Port.
— McKnight’s Long-Term Care News, November 21, 2024
Nursing Home Staffing Mandate ‘Dead’ with Trump Win, but Workforce, Pay Challenges Persist
“The staffing mandate is dead on arrival. They will be scaling back or decreasing regulatory scrutiny, surveys. You can kind of go down the line, and it will be a more favorable environment,” said Fred Bentley, managing director for Medicare innovation at ATI Advisory.
— McKnight’s Long-Term Care News, November 6, 2024