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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Wednesday, December 17, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$197.00
$167.45
Save $29.55

Discount expires 10/23/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide elder law counsel and corporate counsel who advise skilled nursing facilities and related companies with guidance on the CMS minimum nurse staffing requirements finalized in 2024 and thereafter litigated in 2025. The program will address how these standards and the current split in decisions may affect organizational compliance planning, survey readiness, and anticipatory defense against allegations of understaffing or negligent hiring, training, and supervision.

Faculty

Khaled J. Klele
Partner
McCarter & English

Mr. Klele provides counsel to a variety of providers including long-term care facilities, ambulatory surgery centers, hospitals, laboratories, imaging centers, addiction centers, urgent care centers and pharmacies. He routinely represents his provider clients in a variety of healthcare litigation matters including reimbursement issues, False Claims Act allegations, ERISA and other litigation matters. He also represents his provider clients in compliance matters, including allegations of regulatory violations and assists his clients with state and federal licensing agencies. Mr. Klele has defended and represented long-term care facilities in matters involving allegations of regulatory violations and standard of care issues.  

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Description

CMS projected that national minimums would improve safety and quality across long-term-care facilities. Industry leaders warned that a blanket approach could negatively affect workforce pipelines and rural operations. 2025 legal actions brought uncertainty for operators with conflicting federal court rulings (a preliminary injunction denial in one case and a vacatur of key provisions in another), along with federal regulators hinting at repeal or replacement efforts. Advisers must now prepare for multiple possible outcomes: rescission, narrowed standards, or revival/replacement, while tracking state-level staffing laws that may persist regardless of federal resolution.

Counsel handling nursing home abuse, neglect, and related civil actions have traditionally evaluated CMS staffing requirements in their cases. Questions now include whether the minimums (and any successors) function as informal benchmarks or catalyze disputes over admissibility and standard of care. The session will also address survey and enforcement posture, hardship exemptions, documentation, and strategy when standards and timelines are fluid.

Listen as our panel discusses the current legal landscape for staffing standards, positioning enterprise and facilities for compliance and defense amidst evolving rules, and how counsel for residents can frame cases while aligning with changing survey priorities and state overlays.

Outline

I. Introduction

II. Minimum nurse staffing standards (2024)

A. Core elements: 24/7 RN on-site; HPRD framework

B. Interaction with conditions of participation and PBJ/acuity data

III. 2025 Litigation outcomes and current agency posture

IV. Facility assessment requirement, leadership inputs

V. Hardship exemptions, implementation timeline

VI. State survey agency actions, enforcement, state-law overlays

VII. Litigation readiness best practices

VIII. Practitioner takeaways

Benefits

The panel will review these and other key issues:

  • Understanding the current legal status of federal staffing minimums and likely regulatory paths
  • Reviewing the 2025 litigation updates and current regulatory landscape
  • Understanding facility assessment, leadership input requirements, hardship exemptions, timelines
  • Interaction of state survey agencies, state and federal overlay
  • Litigation and record preparedness