CMI briefingCMSNursing Home / Assisted Living

CMS enhanced facility assessment requirement

The federal staffing requirement that survived the 2025/2026 minimum-staffing rule repeal — still fully enforceable for every Medicare/Medicaid-certified nursing home.

42 CFR § 483.70(e) · Updated Aug 27, 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 it requires: Every Medicare/Medicaid-certified nursing facility must conduct and maintain a facility-wide assessment evaluating resident population, acuity, and the resources (staffing included) needed to meet those needs. The assessment must be reviewed and updated at least annually, and whenever there is a significant change in the resident population or a planned change in services.

Current status: This requirement is independent of — and survived — CMS's December 2025/February 2026 repeal of the numeric hours-per-resident-day staffing minimums. It remains the primary federal mechanism surveyors use to evaluate staffing adequacy.

What surveyors look for: A documented, facility-specific rationale connecting actual staffing levels to actual resident acuity — not a generic template. Facilities cited under this requirement are typically those whose assessment doesn't reflect current census/acuity, or whose staffing doesn't visibly follow from what the assessment itself says is needed.

Practical takeaway: Treat this as a living document, not an annual compliance exercise — update it any time your resident mix changes meaningfully, not just on the anniversary date.

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.