Lexology May 30, 2024
Last week, the American Health Care Association (ACHA), the Texas Health Care Association (THCA), and three Texas nursing homes sued the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) over the CMS Minimum Staffing Rule in the U.S. District Court for the Northern District of Texas. The rule, which was finalized last month, revises existing federal regulations and creates new minimum staffing mandates for long term care facilities that participate in the Medicaid and Medicare programs.
In the lawsuit, the organizations said the staffing mandate rule “explicitly and brazenly” departs from previous nursing home staffing requirements and argued that CMS and HHS do not have the authority to require nursing homes...
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