Skilled Nursing News April 4, 2023
A nursing home’s Medicaid survey team doesn’t always have to include a registered nurse (RN), according to a federal district court decision concerning a New York-based facility.
The U.S. District Court for the Southern District of New York last week entered into a summary judgment in favor of the U.S. Department of Health and Human Services (HHS), stating that the Medicaid Act unambiguously gives the agency authority to allocate an RN to survey teams based on survey type, according to the decision made by Chief Justice Laura Taylor Swain.
This includes giving HHS authority over whether an RN is required to be part of a survey team assessing a nursing home’s compliance with federal regulations. However, it restricts the agency’s...
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