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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!