During the COVID-19 pandemic, states gave immunity to nursing homes and other health care providers through a variety of executive orders and laws. “Nursing Home Industry Seeks Immunity During COVID Crisis; States Are Obliging” (CMA Report, May 14, 2020). A research study, Jill R. Horwitz, et al, “Tort Immunity and Nursing Home Staffing,” JAMA Health Forum, Vol. 7, No. 6 (Jun. 1, 2026), looked at the 43 states that enacted some type of immunity for nursing homes during the pandemic. The researchers found that “adoption of immunity laws was associated with a reduction in daily staff hours and daily staff hours per patient.” Specifically, they found nursing homes in immunity states provided 7.9 fewer hours of nursing care each day, reflecting approximately 5.2 minutes per resident. Most of the reduction was in certified nurse aides, who provide most of the direct care for residents.
Find the full study at https://medicareadvocacy.org/study-immunity-led-to-less-aides
June 4, 2026 – T. Edelman