Attorney General Hilgers Joins 20-State Coalition Suing to Stop Nursing Home Rule Change

LINCOLN – Attorney General Hilgers 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 a Biden-Harris Administration Centers for Medicaid and Medicare Services (CMS) rule that would cost states hundreds of thousands of dollars and drive nursing homes out of business.

“Seniors in Nebraska deserve quality care, and federal and state statutes provide common-sense safeguards to protect a vulnerable population. Unfortunately, the CMS rule attempts to legislate new burdens on nursing homes that are both unlawful and counterproductive. The one-size-fits-all regulation threatens the viability of many care-first nursing homes and may leave many Nebraskans with no choice but to entrust their care to profiteers. We are grateful to join this effort and will continue to protect our seniors,” stated Attorney General Hilgers.

The CMS rule triples statutory requirements for onsite hours of registered nurses and imposes a nursing staff ratio with which 97% of nursing homes would be out of compliance. Additionally, it requires of states burdensome new reporting requirements.

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

The lawsuit states, “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.” The complaint asserts that the main victims of the rule will be patients who will lose quality options for care.

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

Attorney General Hilgers joins a coalition of attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Indiana, Kansas, Kentucky, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, Virginia, and West Virginia.