Late Thursday, the American Health Care Association (AHCA) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS), challenging the Administration’s authority to mandate minimum staffing levels in nursing homes. The lawsuit was filed in the Northern District of Texas, and AHCA was joined by the Texas Health Care Association (THCA) and several local Texas facilities as co-plaintiffs. The complaint seeks to set aside the new staffing requirements finalized by CMS on May 10, arguing that the CMS exceeded its statutory authority and arbitrarily and capriciously issued the rule in violation of the Administrative Procedures Act.
The federal government’s nursing facility staffing rule is simply unattainable for virtually every facility in the nation. In the Commonwealth, if implemented, the rule would lead to widespread disruption in accessing skilled nursing facility care. CMS’ failure to fund the compensation necessary to hire, train and upskill the 3,000 individuals in Massachusetts necessary to meet the requirements of the final rule is projected to cost $200 million annually in the Commonwealth alone. It would place 7,000 residents at risk of discharge in order for facilities to comply with the new requirements.