Brian M. Feldman, partner and chair of the firm’s Government and Internal Investigations practice group, was interviewed in McKnight’s Long-Term Care News in an article titled, “Federal Court Opens Door for Nursing Homes to Challenge Medicare, Medicaid Rules,” on April 30, 2021. The article discusses a precedent-setting ruling by the United States Court of Appeals for the Second Circuit that a group of long-term care facilities in New York State can proceed in federal district court to challenge a final administrative rule from the U.S. Department of Health and Human Services (HHS) that the plaintiffs believe directly violates the federal Medicaid Act. The providers are challenging a regulation codified by HHS in 2017 that no longer makes it a requirement for survey teams to include a registered nurse while conducting inspections of nursing homes.
In the article, Brian describes details about the original case which stems from a 2013 incident at Avon Nursing & Rehabilitation in Avon, New York, where a resident accidentally burned herself while eating hot soup. The survey team that visited the facility afterward included dietitians—but not a registered nurse—and ended up citing the facility with the most serious possible violation.
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