A federal lawsuit filed by providers seeks to throw out the national nursing home staffing mandate, charging that it exceeds the authority of the Centers for Medicare & Medicaid Services and “creates impossible-to-meet standards that will harm thousands of nursing homes and the vulnerable Americans they serve.”
Some industry and legal experts have boldly predicted a straightforward provider victory.
The American Health Care Association, the Texas Health Care Association and three nursing homes first filed suit against the Health and Human Services Secretary in the US District Court for the Northern District of Texas. LeadingAge joined the suit in mid-June.
“CMS does not even try to claim that the statutory provisions in
which Congress explicitly addressed staffing requirements empower it to enact these sweeping new mandates,” the lawsuit states.
From the July/August 2024 Issue of McKnight's Long-Term Care News
