An industry lawsuit is urging a federal court to overturn the Biden administration’s new mandatory minimum staffing requirements on nursing homes, arguing the federal Medicare agency exceeded its authority. The complaint argues Congress never gave the Centers for Medicare and Medicaid Services (CMS) the authority “to impose such onerous and unachievable mandates on practically every nursing home in the country,” so the rules are a violation of the Administrative Procedure Act. It was filed in the Northern District of Texas by the American Health Care Association (AHCA), its Texas counterpart and the operators of three nursing homes in the state. The lawsuit argues the requirements will force facilities to close or downsize, displacing tens of thousands of residents and “forcing countless other seniors and family members to wait longer, search farther, and pay more for the care they need.” The lawsuit argues the requirements will force facilities to close or downsize, displacing tens of thousands of residents and “forcing countless other seniors and family members to wait longer, search farther, and pay more for the care they need.” Under the requirements unveiled last month, all nursing homes that receive federal funding through Medicare and Medicaid will need to have a registered nurse on staff 24 hours per day, seven days per week and provide at least 3.48 hours of nursing care per resident per day. Under the requirements unveiled last month, all nursing homes that receive federal funding through Medicare and Medicaid will need to have a registered nurse on staff 24 hours per day, seven days per week and provide at least 3.48 hours of nursing care per resident per day. Adam is The CEO of Cambridge Caregivers and Manchester Care Homes. He's become a national thought-leader on the senior care staffing shortage
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