Aimee Delaney Explores Challenges Confronting Nursing Homes in their Fight Against a CMS Staffing Mandate
In The News | 1 min read
Apr 30, 2024
In a recent Skilled Nursing News story, Aimee Delaney discusses the practical and legal obstacles faced by nursing home operators who are seeking to challenge a new staffing mandate by the Centers for Medicare & Medicaid Services (CMS).
For instance, the American Health Care Association (AHCA) plans to work with Congress to advance the Protecting America's Seniors' Access to Care Act, which would help block the CMS staffing mandate.
Changes to the staffing mandate could emerge, particularly if a new administration takes office. However, Delaney said it is unlikely that the mandate will be completely blocked:
"There's certainly consensus, from all sides, to support [efforts] to improve resident care. And that's from the communities, residents, their families, and lawmakers… but, I think it's difficult to probably look for a solution that would be successful without any staffing requirements."
Delaney anticipates that trade organizations within the healthcare industry may also pursue legal action to prevent the mandate. However, the success of such efforts will depend on the CMS' rulemaking authority:
"CMS is often found to have a lot of leeway in terms of its rulemaking authority for the conditions for participation. I don't know that a legal challenge would be the most successful – that's not to say it shouldn't be tried."
"Nursing Homes Could Challenge Staffing Mandate Via Legal, Congressional, and Funding Routes" was published by Skilled Nursing News on April 24, 2024.
Related People
Related Capabilities
Featured Insights

Employment Law Observer
Dec 8, 2025
12 Days of California Labor and Employment: 2025 Year in Review

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand






