Nursing Homes Get Second Chance in HHS Survey Team Rule Fight

April 27, 2021, 3:09 PM

Medicare- and Medicaid-participating nursing homes may sue HHS over a rule setting out the composition of teams investigating possible noncompliance because the Medicare Act’s procedural provisions don’t apply to Medicaid claims, the Second Circuit said Tuesday.

The Medicaid Act doesn’t incorporate Medicare provisions that require providers to first seek review of claims by the U.S. Health and Human Services Department and that strip federal district courts of subject matter jurisdiction over claims arising under the Medicare Act, the U.S. Court of Appeals for the Second Circuit said.

Additionally, the Medicaid Act claims brought by the “dually participating” nursing homes ...

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