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08/21/2025

Trump Administration Appeals State AG’s Staffing Mandate Challenge

Earlier this summer, federal courts ruled in favor of 19 state attorneys general and 20 LeadingAge state affiliates who were co-plaintiffs in a suit challenging the Centers for Medicare & Medicaid Services (CMS) nursing home staffing mandate. The ruling vacated requirements for 24/7 registered nurse coverage and minimum hours per resident day. However, following the ruling the enhanced facility assessment and Medicaid reporting provisions of the rule remained in place.

Now, the federal government has filed an appeal of that ruling. While a case number and briefing schedule have not yet been released, the appeal sends confusing mixed messages from Washington, where Congress just passed a 10-year moratorium on the rule as part of its “One Big Beautiful Bill” in early July. 

LeadingAge, together with state partners including LeadingAge Ohio, will continue to monitor the appeal closely and keep members updated as developments occur. In the meantime, members with questions are encouraged to reach out to Susan Wallace at swallace@leadingageohio.org

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