Skilled Nursing News January 22, 2025
Zahida Siddiqi

In the aftermath of the Department of Health and Human Services’ (HHS) response to a pending lawsuit against the federal minimum staffing mandate, nursing home sector experts are stressing that legally defeating the mandate – and effectively canceling it – remains crucial.

“The section [in HHS’s response] relating to the limitation on the relief is an interesting administrative issue involving vacatur,” said Mark Reagan, managing shareholder at Hooper Lundy & Bookman, referring to the process of setting aside or canceling a ruling, judgment, or order. “AHCA and the other plaintiffs are seeking that remedy in order to set the rule aside immediately without the need for any additional regulatory action or consideration.”

At the end of last week, HHS issued...

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