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Lawsuit Alleges CMS Violated Enforcement Provisions

January 19, 2021

The National Consumer Voice for Quality Long-Term Care (Consumer Voice) and California Advocates for Nursing Home Reform joined a lawsuit filed by AARP Foundation and Constantine Cannon LLP alleging that the Department of Health and Human Services and Centers for Medicare and Medicaid Services (CMS) put residents at risk by limiting enforcement penalties available under federal law. The suit challenges an operations memo from CMS in July 2017 directing states to impose per-instance fines for past violations, rather than fines for each day of past noncompliance.

As implemented according to this revised policy, a “per-instance” fine amount imposed for past noncompliance would be the same whether the facility did not meet standards for 3 days, 30 days, or 300 days. During each of those days, residents are at risk of or experiencing harm.

This lawsuit seeks to have this revised policy vacated and return to the per-day penalties provided in the Nursing Home Reform Act.

Read Consumer Voice's full statement.

Read the full complaint here.

Read the statement from AARP Foundation.

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