A resolution to the lawsuit challenging the federal minimum staffing mandate for nursing homes might be reached as early as January, pending the court's approval of a proposed schedule from the American Health Care Association (AHCA), LeadingAge, and other industry leaders.
Key Details of the Staffing Mandate
The staffing rule, finalized on 22nd April 2024, as part of the Biden administration's nursing home reform initiative, sets a minimum of 3.48 hours of care per resident per day (HPRD) and requires 24/7 registered nurse (RN) coverage. Urban nursing homes have until May 2026 to meet these requirements, while rural facilities have until May 2027. Resolving the lawsuit early could help avoid the high costs of prolonged litigation, legal experts suggest.
Staffing Mandate Lawsuit Background
AHCA and several nursing home operators filed the shift-key lawsuit shortly after the staffing mandate was finalized. They argue that the federal government exceeded its authority and acted "arbitrarily and capriciously" in issuing the rule.
Dispositive Relief and Legal Proceedings
On 9th August 2024, AHCA and Texas-based operators submitted a joint motion for a briefing schedule. This move comes a day after the start of facility assessments related to the staffing mandate. The defendants, including the Centers for Medicare & Medicaid Services (CMS), the Department of Health & Human Services (HHS), CMS Administrator Chiquita Brooks-LaSure, and HHS Secretary Xavier Becerra, agreed that the case might be resolved through cross-motions for dispositive relief.
Dispositive relief is a request for the court to rule in favor of one party, which can lead to the dismissal or settlement of the case. Craig Conley, a shareholder at Baker Donelson Bearman Caldwell & Berkowitz, noted that this approach is common when both parties agree that it is the most efficient way to resolve a staffing mandate lawsuit. "The parties believe this will prevent protracted, lengthy, and costly litigation," Conley said.
Proposed Briefing Schedule
The proposed schedule outlines several key dates:
September 13: CMS will file an administrative record, which includes documents used to develop the staffing mandate.
September 27: AHCA and other operators challenge the adequacy of this administrative record.
October 18: Plaintiffs (AHCA and others) to file a motion for summary judgment.
November 15: Defendants to file a combined cross-motion for summary judgment and response to the plaintiffs' motion.
December 13: AHCA and other plaintiffs to file a combined response to the cross-motion for summary judgment and a reply in support of their motion.
January 17: Final replies are due, with CMS filing in support of the cross-motion for summary judgment.
Next Steps
If the court grants the proposed schedule, both parties will submit their motions and replies without needing to proceed to a full trial. The case could be decided based on these briefs and oral arguments.
Jacob Harper, a partner with Morgan Lewis & Bockius, suggests that the establishment of a briefing schedule is a standard part of the litigation process. However, it may not indicate the outcome.
Overall, if the court approves the proposed timeline, the staffing mandate lawsuit could be resolved well before the new staffing rules are required to be implemented, potentially saving significant time and resources.
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