By Brendan Pierson

Oct 10 (Reuters) - Twenty Republican state attorneys general have sued the Biden administration over a new federal rule on minimum staffing for nursing homes, saying it will drive nursing homes out of business.

The lawsuit, filed on Tuesday in Cedar Rapids, Iowa federal court, is led by Iowa Attorney General Brenna Bird, Kansas Attorney General Kris Kobach and South Carolina Attorney General Alan Wilson.

Other plaintiffs include Georgia, Florida and Virginia, as well as state affiliates of LeadingAge, a network of nursing home industry groups, in states including Iowa, Maryland and Minnesota.

The rule, announced in April by the U.S. Department of Health and Human Services $(HHS)$, would require nursing homes to have a registered nurse on duty 24 hours per day, and total nurse staffing of at least 3-1/2 hours per resident per day. Federal law previously required nursing homes to employ a registered nurse for eight consecutive hours per day.

"This Final Rule poses an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business," the plaintiffs said in their complaint. "And the main victims will be the patients who will have nowhere else to go."

They said HHS had been arbitrary and capricious in passing the rule without adequately considering nationwide nursing staff shortages.

HHS did not immediately respond to a request for comment.

The rule applies to nursing homes that take part in the federally funded Medicare and Medicaid health insurance programs, which make up a large majority of all nursing homes nationwide. It is set to be phased in over several years.

President Joe Biden's administration first proposed the rules last September. Biden, a Democrat, had pledged to crack down on nursing homes that endanger patient safety in response to abuse and neglect that were highlighted during the COVID-19 pandemic.

Texas Attorney General Ken Paxton brought a similar lawsuit brought in August by Texas Attorney General Ken Paxton.

At least one multistate nursing home operator, LaVie Care Centers, has blamed the staffing rule in filing for bankruptcy.

The case is State of Kansas et al v. Becerra et al, U.S. District Court for the Northern District of Iowa, No. 1:24-cv-00110.

For the states: Iowa Solicitor General Eric Wessan, Kansas Deputy Attorney General Abhishek S. Kambli, South Carolina Assistant Deputy Solicitor General Joseph Spate and others

For HHS: not available

Read more:

Texas AG sues Biden administration over nursing home staffing rule

VP Harris to unveil nursing home rules in battleground state of Wisconsin

Special Report: Pandemic exposes systemic staffing problems at U.S. nursing homes

US nursing home operator LaVie files for bankruptcy to downsize, shed debts

(Reporting By Brendan Pierson in New York)

((Brendan.Pierson@thomsonreuters.com; 332-219-1345 (desk); 646-306-0235 (cell);))