Skilled Nursing News April 24, 2024
Nursing home operators are exploring various avenues to challenge or block the mandate, including legal action, congressional review, and leveraging the appropriations process.
“We will vigorously defend our nursing home members by any means necessary,” Rachel Reeves, spokesperson for the American Health Care Association (AHCA) said in a statement to Bloomberg Law. “We are exploring all our options.”
Hinshaw & Culbertson partner Aimee Delaney said she wouldn’t be surprised if industry trade organizations used legal recourse to block the mandate, although the success of such initiatives will depend on the Centers for Medicare & Medicaid Services’ (CMS) rulemaking authority.
“CMS is often found to have a lot of leeway in terms of its rulemaking authority for the conditions for participation,”...