As of September 19, 2025, the US Department of Justice (DOJ) has withdrawn its appeals of the lawsuits challenging the CMS federal minimum staffing requirements for nursing homes issued by the Biden Administration.

What it means: The DOJ’s actions mean the prior District Court rulings in Texas and Iowa to vacate the regulation will stand.

• In addition to the Court decision, the One Big Beautiful Bill Act (OBBBA) passed this summer includes a 10-year moratorium on implementing the staffing standards in the rule. The statute does not permit CMS to set staffing standards beyond what Congress enacted. This will prevent future administrations from issuing such a regulation later.
• The Trump Administration has signaled its intention to repeal the regulations through an interim final rule (IFR), currently at the Office of Management and Budget for review.

It is important to note that the Court ruling and OBBBA do not impact the facility assessment portion of the rule.

• AHCA will continue to monitor for the release of the IFR to identify the full impact.

Virginia staffing standard: Read our June 19, 2025 update on the status of Virginia’s staffing standard.