2025-21792RuleWallet

Feds Delay Nursing Home Staffing Rules Until 2034

Published Date: 12/3/2025

Rule

Summary

Starting February 2, 2026, long-term care facilities won’t have to follow the old minimum staffing rules because a new law stops the government from enforcing them until 2034. This change affects nursing homes and similar places that get Medicare and Medicaid money. If you want to share your thoughts, you have until February 2, 2026, to send in comments.

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Nursing Homes Save Billions Annually

If your nursing home accepts Medicare or Medicaid, this rule repeals the 2024 minimum staffing requirements and is estimated to save providers about $55,089,104,265 over 10 years (about $5.51 billion per year). The repeal is effective February 2, 2026.

Medicare Spending Increases Over 10 Years

CMS estimates Medicare will spend about $3,255,827,043 more over 10 years because the staffing requirements are repealed, with annual Medicare costs around $361,758,560 starting in 2026. The rule is effective February 2, 2026.

Repeal Intends to Protect Rural and Tribal Care

CMS says the repeal aims to avoid closures of long-term care facilities in rural and Tribal communities that warned they could not meet the 24/7 RN and HPRD staffing standards. The agency notes preserving these facilities helps protect access to care in those communities.

24/7 RN Rule Replaced with 8-Hour RN Rule

Effective February 2, 2026, the rule removes the requirement for an RN onsite 24 hours, 7 days per week and restores the prior requirement that facilities use an RN for at least 8 consecutive hours a day, 7 days a week and designate an RN as director of nursing full-time except when waived. The definitions and numeric HPRD minimums (0.55 RN, 2.45 NA, 3.48 total HPRD) are removed.

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Key Dates

Published Date
Rule Effective
12/3/2025
2/2/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
Centers for Medicare & Medicaid Services
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