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The U.S. Department of Health and Human Services (HHS) announced yesterday that it has repealed a rule that long-term care facilities accepting Medicaid and Medicare could provide relief for tribal facilities strained by critical staffing shortages.  
 

The 2024 rule had established a federal requirement that nursing homes participating in Medicare and Medicaid provide residents with a minimum total of 3.48 hours of nursing care per day, including at least 0.55 hours from a registered nurse per resident per day, and 2.45 hours from a nurse aide per resident per day, along with requirements that each facility have a registered nurse onsite 24/7.

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According to the HHS, there are 37 tribally operated nursing homes and long-term care facilities across Indian Country.

“Every American deserves access to compassionate, high-quality care,” said Centers for Medicaid and Medicare Services Administrator Dr. Mehmet Oz in a statement. “At CMS, our mission is not only to improve outcomes, but to ensure those outcomes are achievable for all communities. We cannot meet that goal by ignoring the daily realities facing rural and underserved populations. This repeal is a step toward smarter, more practical solutions that truly work for the American people.”

Oneida Nation Chairman Tehassi Hill said in a statement that the rule inhibited elder care.

“The Oneida Nation appreciates Secretary Kennedy for recognizing the unique staffing challenges in tribal communities and rescinding a rule that would have severely limited our ability to care for our elders,” Hill said.

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