News & Analysis as of

Nursing Homes Appeals Healthcare Facilities

Marshall Dennehey

Appellate Court Revives Nursing Home Rights Claim, Rejects Limitation to Current Residents Under NHA

Marshall Dennehey on

Salters v. South Mountain Rehab. Ctr., LLC., A-1790-23, Jun. 17, 2025 - The plaintiff fell in his room at the defendants’ nursing facility. Because the plaintiff was taken to the hospital the next morning, September 16, 2019,...more

Maynard Nexsen

In Surprise Move, DHHS Appeals District Court Decision to Strike Down Long Term Care Staffing Mandates

Maynard Nexsen on

On April 7, 2025, U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas struck down the Biden administration’s final rule related to federally imposed minimum staffing requirements for long term care...more

Maynard Nexsen

Alabama Supreme Court Alert | Appellate Update for May 23, 2025

Maynard Nexsen on

Decisions from May 23, 2025 - The Alabama Supreme Court issued its weekly release list on Friday, May 23. The opinions of interest to the Alabama business community include the following...more

Morgan Lewis - Health Law Scan

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our...more

Hanson Bridgett

Federal Judge Vacates Key Provisions of CMS’s Nursing Home Staffing Mandate

Hanson Bridgett on

Earlier last week, Hon. Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas vacated two key provisions of CMS’s 2024 nationwide staffing mandate, the requirements that skilled nursing facilities...more

Bricker Graydon LLP

CMS Final Rule on Minimum Staffing Standards for Long-Term Care Facilities Struck Down

Bricker Graydon LLP on

On April 7, 2025, the United States District Court for the Northern District of Texas vacated staffing requirements published in the Centers for Medicare & Medicaid Services (CMS) May 2024 Minimum Staffing Rule (the “Final...more

Maynard Nexsen

Nursing Home Industry Cheers While Also Signaling a Continuing Need for Workforce Solutions

Maynard Nexsen on

When the Biden administration issued its final rule related to federally imposed minimum staffing requirements for long-term care facilities (“Final Rule”) on April 22, 2024, it sought to mandate minimum levels of nursing...more

Whiteford

Client Alert: Court Strikes Down Nursing Home Staffing Mandate

Whiteford on

In a major victory for nursing homes and long-term care industry advocates, on Monday, April 7, 2025, Judge Matthew J. Kacsmaryk of the US District Court for Northern Texas struck down a Centers for Medicare & Medicaid...more

Husch Blackwell LLP

Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in Missouri

Husch Blackwell LLP on

Many long-term care residents live in Missouri nursing homes for years. But occasionally circumstances may change such that it is no longer appropriate for the resident to continue to reside at the facility. In certain cases,...more

Burr & Forman

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

Burr & Forman on

On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

Lowndes

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Lowndes on

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Lowndes

Appeals Court Strikes Down Emergency Stay in Generator Case

Lowndes on

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

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