Breaking News: AHCA Sues to Overturn Nursing Home Staffing Rule.
The American Health Care Association (AHCA) has filed a lawsuit against the US Department of Health and Human Services (HHS) and its Secretary, Xavier Becerra, challenging the Centers for Medicare and Medicaid Services’ (CMS) new rule requiring nursing homes to have a registered nurse (RN) on staff 24/7 and meet specific hourly staffing requirements.
The lawsuit claims that CMS exceeded its statutory authority in implementing the rule, which will force many nursing homes to significantly increase their RN and nurse aide (NA) staffing. The AHCA argues that this will be impossible for some facilities, particularly those in rural areas with limited access to RNs and NAs.
The plaintiffs also argue that the rule irrationally discounts the contributions of licensed vocational nurses (LVNs) and licensed practical nurses (LPNs), who are often used by nursing homes to provide care. The AHCA claims that CMS failed to adequately account for the ongoing shortage of RNs and NAs, which will be exacerbated by the artificial demand created by the rule.
The lawsuit references a previous case, Oyez vs. the Department of Labor, in which the Supreme Court ruled in favor of the National Federation of Independent Business when it challenged the Occupational Safety & Health Administration’s authority to mandate COVID-19 vaccines or testing for employers with at least 100 employees. The AHCA argues that this ruling supports its claim that CMS exceeded its statutory authority in implementing the new rule.
The lawsuit asks the court to declare that the 24/7 RN and hourly requirements exceed CMS’s statutory authority and are arbitrary and capricious, and to issue orders setting aside the requirements and stopping HHS from enforcing them.
This is a developing story, and McKnight’s will provide additional coverage as more information becomes available.