A COVID-19 patient is attended by a nurse inside an isolation room at the Providence Mission Hospital in California, U.S., April 12, 2022. REUTERS/Shannon Stapleton

(Reuters) - Nine nursing home operators have sued Massachusetts over regulations against housing more than two people in a room, which were adopted around the height of the COVID-19 pandemic and took effect May 1.

Judge Kenneth Salinger of Suffolk Superior Court on Thursday entered a preliminary injunction barring the state from trying to make the nursing homes discharge any patients involuntarily to comply with the rules while the lawsuit is pending. The state did not object to the injunction.

Tracy Miner of Miner Siddall, a lawyer for the nursing homes, called the injunction a "a victory for our clients and their residents who do not want to be displaced."

Massachusetts' Department of Public Health and its parent agency, the Executive Office of Health and Human Services, were both named as defendants in the May 11 lawsuit. They did not immediately respond to requests for comment.

The state's Department of Public Health in April 2021 issued so-called de-densification regulations requiring that, from May 2022 on, long-term care homes would have no more than two beds per room. The regulations give nursing homes 45 days to comply.

The regulations did not cite a purpose for the change, but they followed public outcry over a COVID outbreak that killed 84 people at Holyoke Soldiers' Home, a state-run facility for veterans. The outbreak resulted in criminal charges, which were later dismissed, and a $56 million settlement with the state.

The nursing homes said in their lawsuit that the regulations no longer made sense as a COVID control measure, since a large majority of nursing home residents have now received vaccines and boosters. They said that the regulations would cost them, collectively, about $16 million per year, threaten their ability to operate and force disruptive changes for residents with dementia and other health conditions.

Currently, according to the lawsuit, many residents are in three- or four-bed rooms.

"Many residents have lived together in multi-bedded rooms for a long period of time, have become close friends, and help each other through difficult times," they said.

President Joe Biden in February announced an initiative to improve nursing home care, including phasing out three- and four-bed rooms and promoting single occupancy rooms, though details of that initiative have not been revealed.

The case is River Terrace Operator LLC et al v. The Commonwealth of Massachusetts et al, Suffolk Superior Court, No. 2284CV01024.

For plaintiffs: Howard Sollins of Baker, Donelson, Bearman, Caldwell & Berkowitz, Tracy Miner of Miner Siddall

For the state: Assistant Attorney General Dan Hammond

In speech, Biden to shift from Build Back Better bill to 4-point economic rescue plan

Two charged in deadly COVID-19 outbreak at Massachusetts veterans' home

Judge tosses indictments over deadly COVID-19 outbreak at Massachusetts veterans' home

Massachusetts to pay $56 mln over deadly COVID outbreak at veterans' home

Our Standards: The Thomson Reuters Trust Principles.

Brendan Pierson reports on product liability litigation and on all areas of health care law. He can be reached at brendan.pierson@thomsonreuters.com.

Sign up to our legal newsletter for a smart look at the day's headlines concerning the practice of law.

Subscribe to our newsletter to get all the news you need to start your day.

Reuters, the news and media division of Thomson Reuters, is the world’s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers.

Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology.

The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs.

The industry leader for online information for tax, accounting and finance professionals.

Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile.

Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts.

Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks.

All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays.