Litigation Update: Judge Denies Motion for Preliminary Injunction in State-Led Legal Challenge to CMS Staffing Rule
In an order issued January 16, U.S. District Court Judge Leonard Strand, who is presiding over the lawsuit filed by LeadingAge state affiliates and state Attorneys General to challenge the nursing home staffing standard, denied the plaintiffs’ motion for a preliminary injunction of the rule’s implementation. It is important to note that this order did not rule on the merits of various arguments raised by the plaintiffs, and that the case will continue expeditiously.
Judge Strand concluded that the issuance of a preliminary injunction is not appropriate but wrote: “[T]he interests of justice will be best served by proceeding quickly to the dispositive motions stage of this case, thus allowing the parties to address the merits directly, rather than through the lens of a motion for a preliminary injunction. In particular, the plaintiffs have raised substantial issues and concerns about Final Rule’s 24/7 RN requirement and [hours per resident day] requirements.”
Join Us for Aging Services Legislative Day on February 18
After a wildly successful Aging Services Day at the Capitol in 2024, we are collaborating again with KHCA and KACE to organize our 2025 Aging Services Day on February 18, 2025. Registration is now open for members of each association to join us for a full day of legislative advocacy. In the morning, we will be debriefing at The Beacon, right across the street from the Capitol building, and then we will walk as a group to the Capitol to enjoy lunch with legislators, observe House and Senate sessions from the gallery, and meet with individual legislators.
Registration for the full day is $75, which includes lunch, light breakfast, and some Aging Services Day SWAG. Priority registration ends January 31, so we encourage you and your team to register early!
Kansas Legislative Update
We are now in week 2 of the Kansas legislative session and budget committees have already started hearings on small board and agency budgets with larger agencies such as KDHE and KDADS expected to occur next week. Public testimony for the KDADS budget is expected to start January 30.
Have input to provide on why we need to maintain our Medicaid add-on for nursing homes, or the recent increases we’ve seen for the HCBS-FE waiver? You can do so by submitting them here.
Since it is only week two, revisors are still working on drafting bills for introduction. LeadingAge Kansas hopes to have more information on bills we will be supporting and which committees they will be introduced to within the next couple weeks.
Email Kylee Childs with any questions, comments, or feedback. Legislative updates will begin being sent weekly on Mondays starting January 27.
