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AHCA Sues to Set Aside Federal Nursing Home Staffing Rule

AHCA Sues to Set Aside Federal Nursing Home Staffing Rule
Maskot via Getty Images

On May 23, 2024, the American Health Care Association (AHCA) filed suit in the Northern District of Texas against the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services (CMS) alleging that the recently finalized nursing home minimum staffing requirements exceeded the scope of CMS’s statutory authority and violate the Administrative Procedure Act. The AHCA asserts that CMS reversed its “decades-old rejection of one-size-fits all staffing requirements” without adequate explanation, and that the new requirements sare "impossible” to meet and will be “a nightmare not only for owners and operators of nursing homes, but also for the vulnerable residents they serve.”