- A group of 20 Republican AGs along with industry organizations have filed a lawsuit challenging the Department of Health and Human Services, Centers for Medicare & Medicaid Services’ (CMS) Final Rule establishing minimum staffing standards in Medicare and Medicaid certified long-term care (LTC) facilities.
- The Complaint alleges that the Final Rule’s requirements for LTCs to have a registered nurse onsite at all times and imposing enhanced facility assessments are costly and harmful to states and their residents, and that the Final Rule exceeds CMS’s statutory authority and are arbitrary, capricious, or otherwise not in accordance with law, and violate the Major Questions Doctrine.
- The Complaint seeks declaratory and injunctive relief prohibiting CMS from enforcing the Final Rule, and fees and costs, among other relief.