Final Argument in Staffing Rule Lawsuit Highlights Chevron Doctrine, But Appeals Could Drag On
Skilled Nursing News December 17, 2024
The American Health Care Association, LeadingAge and other nursing home stakeholders involved in the lawsuit against the federal minimum staffing mandate filed their final argument against the rule late on Friday, asking a federal judge to deny the federal agency’s cross-motion for summary judgement.
Given that a judgement is expected early in the new year, legal experts are surprised that a preliminary injunction wasn’t sought by nursing home advocates, and wonder if possible appeals will drag out the matter.
In asking the court to deny the federal agency’s cross-motion for summary judgment, the associations and operators argued again that the staffing requirements exceed the Centers for Medicare and Medicaid Services’ (CMS) statutory authority, and that the final rule is “arbitrary...