LeadingAge Joins AHCA, Texas Organizations in Lawsuit Against the Federal Government’s LTC Staffing Mandate

WASHINGTON, D.C. – The American Health Care Association (AHCA), representing more than 14,000 nursing homes and other long term care facilities across the country, announces that LeadingAge, the association of nonprofit providers of aging services, is now a co-plaintiff in AHCA’s lawsuit against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS). Filed on May 23, 2024, by AHCA, the Texas Health Care Association, and several Texas long term care facilities, the suit argues the agencies exceeded their statutory authority in issuing the Minimum Staffing Standards for Long-Term Care Facilities final rule.

“Our nonprofit and mission-driven members, many of whom have served their communities for decades, caring for older adults and families over generations, know deeply the essence of caregiving. That’s why, at the outset of the Biden Administration’s first mention of possible mandates, back in 2022, we made our position clear: we fully share the goal of ensuring quality care and our country’s current long-term care infrastructure cannot sustain staffing mandates until they are supported by adequate funding and available staff. Quality care and staffing are tightly connected. Without the nurse aides, registered nurses, licensed practical nurses and others who serve nursing home residents, there simply is no care.

“The administration’s wrongheaded approach will not achieve the shared goal. We oppose this mandate because it does not acknowledge the interdependence of funding, care, staffing and quality; it will, without question, impact the ability of our nursing home members, as well as those in other care settings, including home health and hospice, to provide care and services. Joining as co-plaintiff is part of our commitment to use every tool available to us—legal, as well as legislative and regulatory—to both address the fundamental issue of building the long-term care workforce and halt implementation of CMS’s final staffing rule.”

“We are pleased that LeadingAge has joined our legal fight against the federal staffing mandate. The entire profession is completely united against this rule. No matter the location, size, or profile, every nursing home wants to hire more workers, but these impossible standards do nothing to help their recruitment efforts or solve the growing caregiver shortage. This one-size-fits-all mandate will only make matters worse and threaten access to care for millions of seniors. Together, we will prevail and continue to fight for smarter, more sustainable ways to support those we serve.”

Earlier this month, AHCA, LeadingAge, the National Rural Health Association, and the National Association of State Veterans Homes held a press conference highlighting the negative impact the Administration’s staffing mandate would have on the diverse nursing home profession and those they serve.

Read the full amended complaint HERE.