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

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

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case






