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What's Happening?
Nursing Home Staffing Rule Repealed

What Families Must Verify in 2026
(January 23, 2026)

Why this matters right now

On December 2, 2025, HHS/CMS announced they are repealing key provisions of the 2024 federal nursing home minimum staffing rule.
The interim final rule was published December 3, 2025 and is effective February 2, 2026.

Regardless of where you stand politically, one thing is now true for families: you cannot assume a new federal “minimum staffing floor” is in place. Your protection is verification—facility by facility.​

What was in the 2024 staffing rule (and what’s being rolled back)

The 2024 rule set minimum staffing expectations including:

  • Minimum total nursing hours per resident per day (3.48)

  • Including minimum components such as RN hours and nurse aide hours

  • A requirement to have an RN onsite 24/7

Multiple organizations report the repeal removes the 24/7 RN requirement and the minimum hours-per-resident targets.

The Senior Power bottom line

When staffing is thin, everything slows down:

  • response to call lights

  • toileting help

  • repositioning and skin care

  • medication timing

  • hydration and feeding help

  • fall prevention and supervision

So here is the new rule for families in 2026:

Do not buy the tour. Verify the staffing reality.

 

Red flags you can spot in 10 minutes

Watch for:

  • staff who look panicked or constantly sprinting

  • unanswered call lights

  • “We can’t share staffing details”

  • you’re steered away from certain halls or times

  • answers like “we’re staffed appropriately” with no numbers

Pro tip:

Request a quick visit during early evening (not mid-morning) -- That’s when staffing gaps show up.  

If your loved one is already in a facility

This is not a reason to panic. It is a reason to tighten oversight:

  • Ask for the charge nurse and who covers nights/weekends

  • Get clarity on fall prevention, call-light response, and care plan updates

  • Ask what happens if staffing drops unexpectedly

  • Document patterns (dates/times) if delays become chronic

This is exactly how you protect independence and safety:
 
Information + Verification = Disciplined decision-making.

Logo depicting all encompassing topics resulting in a highrt Quality-of-Life

ources:

  • Federal Register summary listing the repeal and effective date (Feb 2, 2026)

  • HHS press release (Dec 2, 2025) describing the repeal and the staffing targets in the 2024 rule

  • AHA summary of CMS action (Dec 2, 2025)

  • LeadingAge summary of what is being repealed (24/7 RN and hours-per-resident targets)

  • AHCA/NCAL summary (industry perspective)

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