Skilled Nursing News May 24, 2024
The American Health Care Association (AHCA) filed a lawsuit late Thursday against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) for exceeding their statutory authority and “arbitrarily and capriciously issuing” a final minimum staffing rule.
The lawsuit asks the court to issue an order and judgment setting aside the new staffing requirements that were finalized by CMS on May 10, a press release issued by AHCA early Friday stated.
The filing in the Northern District of Texas alleges that CMS’ final rule departs significantly from the statutory standards.
“That rule exceeds CMS’s statutory authority, effects a baffling and unexplained departure from the agency’s longstanding position, and creates impossible-to-meet standards that...