Attorney General Mike Hilgers has aligned with a coalition of 20 states to challenge a new rule proposed by the Centers for Medicaid and Medicare Services (CMS) under the Biden-Harris Administration. The lawsuit, led by Kansas Attorney General Kris Kobach, Iowa Attorney General Brenna Bird, and South Carolina Attorney General Alan Wilson, argues that the CMS rule could financially burden states and potentially force nursing homes out of business.
"Seniors in Nebraska deserve quality care, and federal and state statutes provide common-sense safeguards to protect a vulnerable population," said Attorney General Hilgers. He added that the CMS rule imposes "new burdens on nursing homes that are both unlawful and counterproductive."
The contentious rule increases statutory requirements for registered nurses' onsite hours threefold and establishes a staffing ratio that would leave 97% of nursing homes non-compliant. It also introduces extensive new reporting requirements for states.
The attorneys general argue that this regulation exceeds CMS's authority, bypassing Congress in the process. According to their lawsuit, "This final rule poses an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business." They claim patients will suffer most from losing quality care options.
In addition to the state coalition, LeadingAge affiliates from 17 states have joined the lawsuit. LeadingAge represents numerous members within the nursing home sector.
Attorney General Hilgers is joined by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, North Dakota, Oklahoma, South Dakota, Utah, Virginia, and West Virginia in this legal action.