Industry Group Argues Rule is Unenforceable and Could Force Facilities to Close
The American Health Care Association (AHCA), the leading trade group for nursing homes, filed a lawsuit Thursday challenging the Biden administration’s national staffing mandate. The rule, finalized in May, requires facilities to provide higher levels of care, including a full-time registered nurse (RN) on-site 24/7.
AHCA argues the rule is an overreach by the Centers for Medicare & Medicaid Services (CMS) and financially unsustainable for many facilities. The lawsuit, filed in a Texas federal court known for its conservative leanings, seeks to block the rule’s enforcement.
“Impossible Standards”
The industry group claims the staffing requirements are “arbitrary and capricious,” citing a shortage of qualified nurses and financial strain on facilities already struggling after the pandemic. They estimate the rule will cost the industry billions annually, potentially forcing some nursing homes to close.
Legal Challenge Focuses on Authority
AHCA argues that Congress, not CMS, has the authority to set staffing mandates. They point to decades of congressional oversight on the issue and a lack of explicit delegation to CMS. The lawsuit also references a recent Supreme Court case limiting the rule-making power of federal agencies.
High-Stakes Battle
The lawsuit sets the stage for a major legal battle with potential ramifications for millions of nursing home residents and caregivers. AHCA has enlisted a high-profile attorney to lead its legal challenge, suggesting a long and potentially Supreme Court-bound fight.
Industry Divided
While AHCA represents a significant portion of the industry, some nursing home operators argue the staffing increases are necessary to improve care quality. The lawsuit also highlights the reliance on licensed vocational nurses (LVNs) in some facilities, which the new rule may downplay.
Uncertain Future for Staffing Rule
The lawsuit casts doubt on the future of the staffing mandate. The legal battle could take years to resolve, leaving long-term care providers in limbo and potentially delaying improvements in care.