September 25, 2019 / 9:39 PM / a month ago

Judge dismisses nursing homes' challenge to CMS compliance rule

A group of nursing homes have lost a challenge to a U.S. Centers for Medicare and Medicaid Services rule that allows health officials to survey their facilities in response to complaints without any nurses being part of the team conducting the survey.

U.S. District Judge Laura Taylor Swain in Manhattan on Tuesday held she lacked jurisdiction to hear the case by the 31 nursing homes, who said it was crucial that investigative surveys be conducted by a competent team that includes a nurse.

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