AHCA Wins Court Case Against the Staffing Mandate
I am delighted to share that the judge in the Northern District of Texas has ruled in our favor and against the federal staffing mandate. The judge’s order vacates the 24/7 RN and minimum hours per resident day requirements that were in the rule. This is a victory for our nation’s seniors, our members, and the entire sector.
We are still combing through Judge Kacsmaryk’s opinion, but he recognizes that “CMS lacks authority to issue a regulation that replaces Congress’s preferred minimum hours with its own.” This was exactly our argument.
I want to thank our co-plaintiffs: LeadingAge, our Texas affiliate, and the Texas nursing homes who fought along our side in this suit. I also want to thank you, our members, for the resources to hire the best legal team in the nation for this case, Clement & Murphy, PLLC.
The Administration now has 60 days to decide whether to appeal the rule. It is possible that they will decline to appeal, and this court’s ruling will stand. Given the new administration, we are hopeful that will be the case.
Meanwhile, we will continue to advocate that Congress truly put this issue to rest. Repealing the staffing mandate would save the government $22 billion over 10 years—a saver we anticipate seeing in the budget reconciliation package that Congress is working on this spring.
There is more work to do. But for now—let’s celebrate today’s win.
Cheers,
Clifton J. Porter, II
President & CEO, AHCA/NCAL
As reported on by:
McKnight's LTC News
Skilled Nursing News
CNN
AHCA Applauds Court Vacating the Federal Staffing Mandate
AHCA recently released a statement regarding the U.S. District Court for the Northern District of Texas ruling in AHCA and the other plaintiffs' favor to vacate the Biden Administration's federal staffing mandate for nursing homes. READ MORE
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