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

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks




