Skilled Nursing News December 27, 2024
Ninety-two nursing homes have filed a federal lawsuit against the New York State Department of Health (DOH), as the agency approved no reimbursement for older facilities needing capital improvements in 2025. This is an addendum to the state’s 10% reduction for the industry approved in April.
The cost-cutting amendment adopted by the state DOH and its Commissioner, Dr. James V. McDonald, is unconstitutional as it violates facility equal protection rights, according to the lawsuit filed on Dec. 24.
State operators are seeking a halt in implementation of the capital reimbursement reduction, unless the DOH determines a funding level or mechanism that doesn’t violate equal protection rights, and discloses the methodology and justification for the change while including a comment period.
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