A federal court in the northern district of Texas on Tuesday vacated the CMS minimum staffing mandate on the grounds that CMS does not have the authority to issue such a staffing mandate—only Congress does. The American Health Care Association (AHCA), joined by the Texas Health Care Association (THCA), LeadingAge, and several Texas long term care facilities filed a lawsuit in May of last year against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) for exceeding their statutory authority and arbitrarily and capriciously issuing the Minimum Staffing Standards for Long-Term Care Facilities final rule.
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