The federal district court in Iowa has denied a motion for preliminary injunction in a challenge by 20 states and 21 non-profit nursing home industry groups to the final nurse staffing rule for nursing facilities. State of Kansas v. Becerra, 1:24-cv-00110 (N.D. Iowa). The Court decided that the plaintiffs did not meet the standard for an injunction that would have paused implementation of the staffing rule, focusing on their failure to show irreparable harm. It cited the delayed implementation timeframe in the rule and described the alleged financial and compliance burdens of the staffing requirements as “too speculative to constitute irreparable harm for purpose of a preliminary injunction.”
The court set a briefing schedule to address plaintiffs’ challenge to the 24/7 registered nurse requirement and the hours per resident day nurse staffing requirements on the merits. Dispositive motions must be filed on or before March 3, 2025; oppositions by April 3, 2025; and reply briefs by April 24, 2025.
The Center led a coalition of organizations in an amicus brief that urged the court to allow the staffing rule to take effect.
January 2025 – T. Edelman