Skilled Nursing News August 15, 2024
Texas Attorney General Ken Paxton filed a lawsuit on Wednesday against federal agencies over the minimum staffing rule for nursing homes, claiming the rule’s implementation without clear congressional authorization constitutes an overreach of regulatory power.
The Texas lawsuit argues that the Centers for Medicare & Medicaid Services’ (CMS) staffing mandate violates the Major Questions Doctrine established by the Supreme Court. The doctrine requires that significant regulatory actions by government agencies must have authorization from Congress.
Filed in the Northern District of Texas – the same district as the American Health Care Association’s (AHCA) lawsuit – Paxton’s lawsuit uses similar language as well in arguing that the rule is “arbitrary and capricious.”
The lawsuit further alleges that CMS relied on a...
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