Texas Attorney General Ken Paxton sued the Biden administration on Wednesday, seeking to block a rule that would require nursing homes to staff a minimum number of nurses and aides to care for patients.
The lawsuit argues that the Centers for Medicare and Medicaid Services does not have the authority to require nursing homes to hire more staff. Paxton also argues that the rule violates the key issue doctrine, a legal theory that says government agencies cannot issue regulations that have a significant economic impact without explicit direction from Congress.
The lawsuit claims the additional costs of hiring more staff will put many nursing homes in Texas “out of business.”
“This power grab by Biden’s health bureaucrats could force desperately needed medical facilities out of business in some of the most underserved areas of our state,” Paxton said in a statement.
The lawsuit was filed in the Amarillo division of the U.S. District Court for the Northern District of Texas and is almost certain to be presided over by Judge Matthew Kacsmarik, who was appointed by former President Donald Trump and has ruled against some of the Biden administration’s policies.
The American Healthcare Association, which represents nursing homes, filed a lawsuit challenging the rule in the same court in May. The case is currently pending.
The rule, finalized in April, requires nursing homes paid for by Medicare to provide at least 3.48 hours of nursing care per resident per day and to have a registered nurse on duty 24 hours a day, seven days a week.
Currently, federal law is vague: Nursing homes paid for by Medicare and Medicaid must have “sufficient” staffing around the clock to ensure the health of residents, and they must have a registered nurse on duty eight hours a day.
CMS estimates the requirements will cost long-term care facilities $43 billion over 10 years, not taking into account waivers for facilities that meet the requirements. The Biden administration argues that nursing homes are routinely understaffed, neglected and subject to deteriorating health conditions for residents.
