Nursing homes sue over minimum staffing ratios, mandatory spending levels,” by Danielle Brown, McKnight’s LTC News 



“Nonprofit New York nursing homes are taking action against the state in a push to overturn ‘illegal and unconstitutional’ policies that establish a minimum staffing requirement and spending mandates for providers. … The group is seeking a statewide preliminary and permanent injunction prohibiting the penalties being levied against nursing homes, and wants the regulations declared unconstitutional and illegal.”


LTC Comment, Stephen A. Moses, President, Center for Long-Term Care Reform:

Déjà vu; seen this before. The federal government mandated improved long-term care, more caregivers, better training and compensation in OBRA ’87 but offered no extra funding. Nursing homes sued under the Boren Amendment and won. But Congress repealed Boren leaving no floor under Medicaid reimbursement rates. Free markets achieve cost-effective excellence. Government compulsion fails every time.