AHCA, LeadingAge make final argument in legal fight over staffing mandate
McKnights Long-Term Care News (12/17, Marselas) reported, The nation’s two largest nursing home advocacy groups have called anew on a federal judge in Texas to toss a nationwide staffing mandate, calling it “manifestly unreasonable.”
Skilled Nursing News (12/17, Stulick) reports, "The American Health Care Association, LeadingAge and other nursing home stakeholders involved in the lawsuit against the federal minimum staffing mandate filed their final argument against the rule late on Friday, asking a federal judge to deny the federal agency’s cross-motion for summary judgement." Furthermore, "the removal of Chevron deference was brought up as well in the plaintiffs’ final argument, and that CMS can’t use its ‘general gap-filling authority’ to override Congress." AHCA and plaintiffs argued, "Congress has not left any gap to fill. ... Indeed, even in the heyday of Chevron deference, it was understood that when ‘Congress has directly spoken to the precise question at issue … that is the end of the matter,’ as the agency ‘must give effect’ to Congress’ instructions, not invent its own."
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