SEIU Backs CMS Nursing Home Staffing Mandate in Court

The Service Employees International Union (SEIU) has filed a legal brief in support of the CMS nursing home staffing mandate, arguing that the rule is necessary to improve working conditions and address the ongoing caregiver shortage. SEIU represents over 150,000 nursing home workers across 23 states and believes the mandate will help stabilize the workforce.

Why SEIU Supports the Staffing Mandate

The CMS staffing mandate sets minimum staffing levels for nursing homes to ensure better care for residents. However, Iowa and 19 other states have filed a lawsuit against the rule, claiming it will force nursing homes to shut down due to difficulties in hiring qualified staff.

SEIU argues that understaffing is the real problem, not the mandate itself. The union cites workforce studies from 2022 and 2023, showing that low pay, poor working conditions, and high workloads contribute to skilled nursing providers and staff shortages. SEIU believes that higher staffing levels will:

• Reduce employee turnover

• Improve patient care quality

• Make caregiving jobs more attractive

Legal Debate: CMS vs. State Lawsuits

The lawsuit raises a key question: Does CMS have the authority to enforce staffing ratios, or does that power belong to Congress?

Legal expert Mark Reagan notes that SEIU’s brief is mainly a policy argument rather than a legal challenge. Courts at the District Court level rarely give significant weight to amicus briefs (legal documents filed by non-parties to provide additional perspectives). However, higher courts like the Supreme Court (SCOTUS) may consider such briefs more seriously.

What’s Next for the Staffing Mandate?

A federal judge in Iowa denied an initial request to block the rule, allowing litigation to continue. The case’s outcome will impact nursing home staffing laws nationwide. If upheld, the CMS mandate could reshape workforce requirements, while a ruling against it may delay or block enforcement.

Regardless of the legal outcome, SEIU remains a strong advocate for increased staffing levels, pushing for better wages and working conditions to strengthen the long-term care workforce.

The SEIU vs. state lawsuit over the CMS staffing mandate highlights the ongoing battle between labor unions, healthcare providers, and policymakers. While nursing homes struggle with financial and workforce challenges, improving staffing conditions remains a key focus for the future of senior care.