“The Supreme Court just put regulatory oversight on notice”


The Supreme Court just put regulatory oversight on notice,” by John O’Connor, McKnight’s LTC News


“By any measure, the Supreme Court just wrapped up one of its more memorable sessions. … But the decision that may most directly affect long-term care providers was actually directed at the Environmental Protection Agency. And its potential impact on skilled care might be hard to overestimate. … The majority opinion, written by Chief Justice John Roberts, claimed the agency’s heightened emissions rules were a ‘fundamental revision’ of existing law. He added that it’s up to Congress, not the EPA, to make ‘a decision of such magnitude.’”


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

What’s that got to do with long-term care? O’Connor explains: “Talk about the importance of timing: Just one day earlier, the Centers for Medicare & Medicaid Services proposed regulations that would allow surveyors to use payroll data to investigate staffing rules violations, force facilities to hire infection preventionists, and revamp arbitration requirements, among other provisions. … And it’s not just these latest rules for nursing homes that could come under fire. Any regulation that arguably steps over the line would appear to be fair game. So how big is the Supreme Court’s EPA ruling? Let’s put it this way: Regulatory oversight might never be the same.” Let’s hope the ongoing, long growing tyranny by bureaucrats is finally curtailed.