October 18, 2024

GOP AGs Challenge Nursing Home Staffing Rule

Cozen O'Connor

+ Follow Contact

Facebook

Send

Embed

Cozen O'Connor

A group of 20 Republican AGs along with industry organizations have filed a lawsuit challenging the Department of Health and Human Services, Centers for Medicare & Medicaid Services’ (CMS) final rule establishing minimum staffing standards in Medicare and Medicaid certified long-term care (LTC) facilities.
The Complaint alleges that the Final Rule’s requirements for LTCs to have a registered nurse onsite at all times and imposing enhanced facility assessments are costly and harmful to states and their residents, and that the Final Rule exceeds CMS’s statutory authority and are arbitrary, capricious, or otherwise not in accordance with law, and violate the Major Questions Doctrine.
The AGs seek declaratory and injunctive relief prohibiting CMS from enforcing the Final Rule, and fees and costs, among other relief.

Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.