Skilled Nursing News October 21, 2024
The Centers for Medicare & Medicaid Services (CMS) overstepped its authority in finalizing the federal nursing home staffing mandate, which “cannot stand” and should be set aside swiftly by a judge.
This is the argument that the American Health Care Association, LeadingAge and other plaintiffs made in a Motion for Summary Judgment filed on Oct. 18 in their case against the staffing mandate.
“The Final Rule is textbook unlawful agency action,” the Motion states. “It exceeds CMS’s statutory authority, rewrites Congress’ chosen approach, and improperly tries to wrest control over a major political and economic issue without congressional authorization.”
The motion is the latest salvo in the legal case that began on May 23, when AHCA – the largest association...
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