As federal oversight of nursing home staffing requirements ends, providers now face increased compliance risk at the state level. McCarter & English partner Khaled Klele was quoted in Corporate Counsel on the implications of the federal rule’s rescission and what may come next.
“I think they’d be hesitant in doing it because there was such backlash from the industry in terms of the financial and practical obstacles,” Khaled said.
However, the likely end of further federal involvement puts a new spotlight on the patchwork of state laws passed in the wake of COVID, which may have gotten less attention because “everyone was so focused on complying with the more stringent nurse staffing rule,” he noted. As a result, nursing home operators that developed plans for federal compliance will now need to change focus.”
Khaled said, “I would advise clients to review state law requirements to make sure they’re in compliance, and to determine whether or not the state law has more stringent requirements than the original federal law.”