AG Reyes Joins 20-State Coalition in Lawsuit to Stop Nursing Home Rule Change

SALT LAKE CITY- Utah Attorney General Sean D. Reyes joined a 20-state coalition, led by Kansas Attorney General Kris Kobach, Iowa Attorney General Brenna Bird, and South Carolina Attorney General Alan Wilson, in a lawsuit seeking to stop the Centers for Medicaid and Medicare Services (CMS) rule that would cost states hundreds of thousands of dollars and drive nursing homes out of business.

"While safety and care are always the first priority in nursing homes, this new rule imposes over-reaching mandates that will devastate Utah communities, particularly rural ones, by forcing many of these essential facilities out of business," said Attorney General Sean D. Reyes. "The 2020 Census showed explosive growth in Utah's 65 and older population, which increases the need for more care centers. The lack of available nurses and prohibitive cost of the new rule makes compliance untenable for all but a few. This is not the time for big government to force out-of-touch policies upon one of our most vulnerable populations."

Currently, nursing homes are required by Congress to provide 8 hours of continuous staffing per day. The new rule would increase the continuous staffing rule to 24-hours per day. It also requires a nursing staff ratio that 97% of nursing homes would be out of compliance with. Additionally, it requires of states burdensome new reporting requirements.

The coalition of attorneys general argue that the new rule exceeds CMS's authority and sidesteps Congress.

"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. And the main victims will be patients who have nowhere else to go," the complaint reads. "…The final rule represents another attempt from the Biden-Harris administration to impose its policy preferences on the rest of the country but is monumentally costly and nearly impossible to comply with."

In addition to the 20-state coalition, LeadingAge affiliates from 17 states also are joining the lawsuit. LeadingAge is an organization with numerous nursing home members.

AG Reyes and attorneys general from Kansas, Iowa, and South Carolina, are joined in the coalition by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Montana, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Virginia, and West Virginia.

Read the complaint here.