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Attorney General Ken Paxton said in the lawsuit that the
administration has not explained why the rules are needed or
"taken into account the massive nationwide nursing shortage that
will make compliance for many long-term care facilities a
practical impossibility."
The rule, announced in April by the U.S. Department of Health
and Human Services, would require nursing homes to have a
registered nurse on duty 24 hours per day, and total nurse
staffing of at 3-1/2 hours per resident per day. Federal law
previously required nursing homes to employ a registered nurse
for eight consecutive hours per day.
It applies to nursing homes that take part in the federally
funded Medicare and Medicaid health insurance programs, which
make up a large majority of all nursing homes nationwide. The
rule is set to be phased in over several years, with rural
hospitals required to be in full compliance in five years.
Paxton claimed in his lawsuit that HHS overstepped its authority
in passing the rule, which he said involved "major questions"
that needed to be decided by Congress rather than a federal
agency. He also said that the rule was "arbitrary and
capricious."
HHS declined to comment on the lawsuit.
President Joe Biden's administration first proposed the rules
last September. Biden, a Democrat, had pledged to crack down on
nursing homes that endanger patient safety in response to abuse
and neglect that were highlighted during the COVID-19 pandemic.
At least one multistate nursing home operator, LaVie Care
Centers, has blamed the staffing rule in filing for bankruptcy.
(Reporting By Brendan Pierson in New York)
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