CMI briefingCMSNursing Home / Assisted Living

CMS rescission of the 2024 nursing home minimum staffing rule

Interim final rule effective Feb. 2, 2026 removed the 3.48 HPRD and 24/7 RN requirements; the facility assessment stays.

Federal Register doc. 2025-21792 (Dec. 3, 2025); 42 CFR 483.70(e) · Updated Nov 5, 2026

This page is CMI's own briefing on the topic, written by CMI. It is not the text of the regulation. Read the regulation itself in the Regulatory hub or at the official source.

What was rescinded: the numeric requirements of the 2024 rule: 3.48 total nurse staffing hours per resident day and the 24/7 registered nurse requirement.

What remains: the enhanced facility assessment, described by the Center for Medicare Advocacy as a distinct and independent staffing requirement addressing resident acuity.

Procedure: issued as an interim final rule with comment; effective and comments due Feb. 2, 2026.

Not confirmed here: whether the Medicaid institutional payment transparency reporting was affected; check the Federal Register text.

View the official source ↗

General information, not legal advice. Requirements change; confirm against the official source before you act, or ask us how this applies to your organization.