AGG Healthcare attorneys Alan C. Horowitz and Jerad Rissler prepared a brief that Alan filed with the U.S. Court of Appeals for the Second Circuit in the case of Avon Nursing & Rehabilitation et al. v. Xavier Becerra, Secretary of the United States Department of Health and Human Services. Alan and Jerad drafted the amicus curiae (friend of the court) brief on behalf of AMDA-The Society for Post-Acute and Long-Term Care Medicine.
The amicus brief argues that a 2017 Final Rule promulgated by the Centers for Medicare & Medicaid Services (“CMS”) allowing revisit and complaint surveys to be conducted without a registered nurse as part of the survey team is unlawful and that CMS lacks the statutory authority to issue such a regulation which is both contrary to Congress’ intent and the welfare and safety of nursing home residents.
To learn more, please contact Alan or Jerad.