As CMS Has Certificate of Need Laws in Crosshairs, States Debate Their Usefulness to Nursing Homes

Officials at the Centers for Medicare and Medicaid Services (CMS) have said they would seek to support changes at the state level to strengthen competition, including addressing uncompetitive certificate of need (CON) laws. While CMS didn’t elaborate at the time, nursing home leaders said incentives to do away with such laws may be likely, despite […]

SCOTUS Ruling Could Shake Up CMS Approach to Civil Monetary Penalties, Invite Litigation at Nursing Homes

The Centers for Medicare & Medicaid Services’ (CMS) issuance of civil monetary penalties is in the crosshairs of litigators, as increasingly gained enforcement power comes up against a Supreme Court decision. In the Securities and Exchange Commission (SEC) v. Jarkesy case, SCOTUS ruled that defendants have a constitutional right to make their case to a […]