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Staffing Standard Litigation Update: Department of Justice Moves to Dismiss Its Appeals
On September 18, the U.S. Department of Justice (DOJ) filed motions to voluntarily dismiss its appeals of both federal court decisions that vacated the CMS minimum staffing standards. In the lawsuit in which LeadingAge is a plaintiff, the U.S. District Court for the Northern District of Texas issued an order on April 7, 2025, vacating the hours per resident day and 24/7 registered nurse requirements; and in the suit filed by LeadingAge state partners and state Attorneys General, the U.S. District Court for the Northern District of Iowa did the same on June 18, 2025. As we previously reported, the U.S. Department of Health and Human Services appealed both of these decisions, to the Fifth Circuit and Eighth Circuit Court of Appeals respectively, and the filing of written arguments was scheduled to begin soon in both cases.
We are pleased to report that the government now seeks to dismiss these appeals, which represents a win for the plaintiffs in both cases. The respective appellate courts still need to review and respond to these motions, but we expect to see orders of dismissal in the near future. We will provide additional information in the coming days.
KDADS: “Meet Maximus: An Introduction to the New Statewide HCBS Assessing Organization”
KDADS recently shared an opportunity to meet with the newest HCBS assessment organization. Previously, these contracts fell under the AAAs but were transitioned earlier this summer with options counseling being provided through a new vendor outside the AAAs and HCBS assessments being completed by Maximus. We have been hearing from members that the assessments on HCBS have not been timely. However, in our discussions with KDADS, it seems Maximus has been completing the assessments in time, but the state agency now has an added approval layer of reviewing the assessments before sending off to KDHE for the remainder of the Medicaid process. We understand this is a critical issue as HCBS does not receive backdating. Below are the details for an opportunity to meet with Maximus and raise any questions you may have about the new processes.
Date: Wed., Sept. 24, 2025
Time: 12:00pm Central Time
Location: Zoom Meeting
Link: https://maximus.zoom.us/j/94574236393?pwd=qa1REDcNnrR5bIkVHp5WKcrX2Vbv7w.1
Meeting ID: 945 7423 6393 Passcode: 508259
If you have a question you’d like to submit before the session, click here to send it to them.
Save the date for future sessions below:
- Oct. 23, 2025; 2:00 PM CT – Meet Maximus: Getting to know the new statewide HCBS Assessing Organization
- Nov. 18, 2025; 10:00 AM CT – Meet Maximus: Building Connections Together
- Dec. 15, 2025; 1:00 PM CT – Meet Maximus: Your new partner in the community
System Update to Kansas DCF Child and Adult Registry Checks
Below is a notice shared from KDADS for providers who utilize the DCF child and adult registry checks.
The Kansas Department for Children and Families (DCF) is updating the process for submitting Adult and Child Registry checks. The new system will allow applicants to complete their submission online through a format that is accessible from either a computer or a mobile device.
Applicants will also have the option to add up to five additional email addresses, the email addresses listed on the form will receive notification when the form is submitted, and they will receive results via encrypted email when they are processed. Providers may continue to utilize a Pre-Pay Account through DCF. To ensure payment is applied correctly, applicants will need to provide the provider’s FEIN number. To set up a pre-pay account email DCF.CentralRegistry@ks.gov. DCF does not expect delays in registry checks with this updated process.
DCF will be releasing a step-by-step help guide to support this transition. Once available, the guide will be posted on the KDADS website. The start date for the new process is unknown at this time. KDADS will provide further information as it becomes available. For additional questions, please contact Megan.Shepard@ks.gov.