Federal Judge Throws Out Staffing Mandate in LeadingAge Case On April 7, federal judge Matthew J. Kacsmaryk issued a ruling in favor of the plaintiffs to vacate the Centers for Medicare & Medicaid Services (CMS) minimum staffing standards included in the final rule. The plaintiffs, including LeadingAge and American Health Care Association, filed to vacate the staffing standards in the United States District Court for Northern Texas in May 2024. The plaintiff’s case was based on the belief that CMS exceeded its authority to issue such staffing requirements. The judgment denied the defendants’ cross-motion for summary judgement and dismissed the case with prejudice. The difference in this case compared to the case filed in Iowa by several attorneys’ general, LeadingAge state affiliates, and providers located in Kansas is that this case only vacates the 24-hour registered nurse coverage and ratios of nurse staff per resident day whereas the case filed in Iowa includes the rule in its entirety. Therefore, we believe that nursing homes should continue to comply with the enhanced facility assessment requirements included in the final rule. LeadingAge President & CEO, Katie Smith Sloan issued the following statement on the ruling “Today’s ruling is a victory that strengthens our resolve and propels our ongoing advocacy on behalf of our 5,500 members across the country.” |