2nd Circ. Revives Challenge To Nursing Home Inspection Rule

Law360 (April 29, 2021, 7:36 PM EDT) -- The Second Circuit has revived a lawsuit challenging a U.S. Department of Health and Human Services policy allowing investigators to inspect certain nursing homes without an actual registered nurse with them, finding that the lower court is allowed to hear the case's Medicaid Act claims.

A three-judge panel on Tuesday reversed a lower court order that tossed a suit from a group of Medicare and Medicaid-participating nursing homes against the government.

The lower court said it didn't have the authority to hear the suit because of sections of the Medicare Act that require administrative reviews before courts can get involved in...

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