Nursing Home Sues Biden

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

( – The nursing home industry has brought forward a lawsuit against the Biden administration’s new minimum staffing requirements arguing that Congress had not authorized the Centers for Medicare and Medicaid Services (CMS) the authority to impose such rules. It further points out that these newly mandated rules violate the Administrative Procedure Act. 

Last Week, the American Health Care Association (AHCA) filed a lawsuit in Texas’ Northern District. In the complaint, it is noted that it is not possible to set a staffing requirement that is universal for all nursing homes and that these new rules will mean that around four-fifths of the nursing homes in the country are going to be required to hire additional personnel. It further notes that no state has found that these higher levels are needed and that the action imposed is arbitrary. 

The lawsuit further states that the new requirements are going to result in many facilities either downsizing or closing down. It adds that tens of thousands of residents are going to be displaced as a result of this move, while many families are going to need to wait for longer or search further in order to get access to required care. 

Last month, the administration unveiled the new requirements which would require that all nursing homes that receive federal funding have a registered nurse on staff seven days a week for all hours of the day. As part of the requirement, they would need to also provide at least 3.48 hours per day of nursing care per resident. 

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