In the Lone Star State, nursing homes might need to meet specific staffing regulations set by the Texas Health and Human Services Commission (HHSC) and federal guidelines from the Centers for Medicare and Medicaid Services (CMS).
These regulatory bodies argued that these rules would help ensure that residents receive the attention and care they need. Should these proposed rules become law, failing to adhere to these staffing standards could lead to serious legal consequences.
State-specific staffing requirements
The Texas Administrative Code would require nursing home facilities to make sure that each resident receives at least 2.45 hours of nursing care per day from:
- Registered nurses (RNs)
- Licensed vocational nurses (LVNs)
- Certified nursing assistants (CNAs)
Furthermore, the facility will be required to always have at least one licensed nurse (RN or LVN) available in case a resident needs assistance. During working shifts, a licensed nursing home administrator and a qualified director of nursing (usually an RN) would be required to oversee operations and help ensure adequate care.
Nursing home staffing rule can’t stand
The American Health Care Association (AHCA), the largest advocacy group for long-term care facilities, stepped into the legal arena, challenging the proposed staffing rule for nursing homes. The controversy revolves around what the AHCA terms a “discovered authority,” which refers to the Centers for Medicare and Medicaid Services (CMS) relying on questionable legal grounds to enforce staffing requirements.
The AHCA opposes the mandate, warning that many nursing homes—especially in rural and underserved areas—lack the financial and human resources to comply. As the industry struggles with staffing shortages and burnout among healthcare workers, the association contends that CMS’s rule creates an additional burden that could force facilities to reduce operations or even close down.
The AHCA’s legal challenge against CMS’s staffing rule raises important questions about the balance between regulation and practical feasibility. As the case unfolds, facilities can benefit from seeking legal support to iron out any concerns and help anticipate potential issues that might arise in the future.