Eagle’s Law Staffing Ratio Waiver

Delaware’s Eagle’s Law requires long-term care facilities in Delaware to provide a minimum staffing ratio that allows 3.28 hours of direct care per resident per day. Nursing homes must also provide a specific shift-based ratio of Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Certified Nursing Assistants (CNAs). The law applies to skilled nursing homes in Delaware only.

Waiver Requests

Following the COVID-19 pandemic, the law was suspended in fiscal years 2024 and 2025, but is now back in effect as of January 1, 2025. Facilities that cannot meet the required staffing ratio may apply for a time-limited waiver from the Delaware Residents’ Protection Commission.

• Download a Fillable Form – Eagles Law Staffing Ratio Waiver Request Form and Instructions

Step 1

• Skilled Nursing Facility completes Section A and emails it to both:
  DHSS_DHCQ_Staffing@delaware.gov
  and
  EaglesLawwaiver@delaware.gov

Step 2

• The Division of Health Care Quality (DHCQ) completes Section B and emails it within 5 business days to EaglesLawWaiver@delaware.gov

Step 3

• The Delaware Residents’ Protection Commission reviews Sections and B and completes Section C within 10 business days and notifies the facility with a copy to DHCQ.

Application Instructions for Eagle Law Staffing Ratio Waiver