Attorney General Miyares Sues to Stop Nursing Home Rule Change

RICHMOND, VA – Virginia Attorney General Jason Miyares today joined a 20-state coalition in filing a lawsuit against a new rule from the Biden-Harris administration’s Centers for Medicaid and Medicare Services (CMS). The rule, which dramatically expands staffing requirements for nursing homes, threatens to impose significant costs (hundreds of thousands of dollars) on states and force many nursing homes out of business. 

“This new rule is yet another example of Washington bureaucrats imposing sweeping mandates without considering the devastating impact on our communities. Nursing homes in Virginia and across the country already face challenges, and this policy will force them out of business,” said Attorney General Jason Miyares. “Ultimately, the real cost will be felt by our most vulnerable citizens—those who rely on these facilities for care and support.”

Currently, nursing homes are required by Congress to provide 8 hours of continuous staffing per day. The new CMS rule would increase that requirement to 24-hours per day and impose strict staffing ratios that 97% of nursing homes are currently unable to meet. Additionally, the rule creates new, burdensome reporting requirements for states. 

The coalition of attorneys general argue that CMS is overstepping its authority and bypassing Congress with the new rule. 

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

Attorney General Miyares is joined in the coalition by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Montana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia.

Read the complaint here.

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