1. Home
  2. Browse Decisions
  3. F.4th
  4. 119 F.4th
  5. 119 F.4th 286 (2024)
 

AVON NURSING AND REHABILITATION v. BECERRA

Docket No. 23-492 August Term, 2023.

119 F.4th 286 (2024)

AVON NURSING AND REHABILITATION, Brightonian Nursing and Rehabilitation, Woodside Manor Nursing and Rehabilitation, The Shore Winds Nursing and Rehabilitation, The Hurlbut Nursing and Rehabilitation, Hornell Gardens Nursing and Rehabilitation, Conesus Lake Nursing and Rehabilitation, Newark Manor Nursing and Rehabilitation, Penfield Place Nursing and Rehabilitation, Hamilton Manor, Latta Road Nursing Home East, Latta Road Nursing Home West, Seneca Nursing and Rehabilitation, Elderwood at Amherst, Elderwood of Lakeside at Brockport, Elderwood at Cheektowaga, Elderwood at Grand Island, Elderwood at Hamburg, Elderwood of Hornell, Elderwood of Uihlein at Lake Placid, Elderwood at Lancaster, Elderwood at Liverpool, Elderwood at Lockport, Elderwood at North Creek, Elderwood at Waverly, Elderwood at Wheatfield, Elderwood at Williamsville, Elderwood at Riverside, Elderwood of Scallop Shell at Wakefield, Westchester Center for Rehabilitation and Nursing, Highfield Gardens Care Center of Great Neck, San Simeon by the Sound, New York Center for Rehabilitation and Nursing, Dry Harbor Nursing Home and Rehabilitation Center, Rego Park Health Care, Queens Boulevard Extended Care Facility, Elderwood at Burlington, Maplewood Nursing Home, Alamo Heights for Clinically Complex Care, Premier Center for Nursing and Rehabilitation, Zion Healthcare Cypress, Plaintiffs-Appellants, v. Xavier BECERRA, in his capacity as the Secretary of the United States Department of Health and Human Services, Defendant-Appellee, Alex M. Azar, II, Secretary of the United States Department of Health and Human Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2024.

Attorney(s) appearing for the Case

Brian Marc Feldman (Michele Di Franco, on the brief), Harter, Secrest & Emery, LLP, Rochester, NY, for Plaintiffs-Appellants.

Christopher Connolly (Benjamin H. Torrance, on the brief), Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Alan C. Horowitz, on the brief, Arnall Golden Gregory LLP, Atlanta, GA, for Amicus Curiae, AMDA—The Society for Post-Acute and Long-Term Care Medicine, in support of Plaintiffs-Appellants. James F. Segroves, on the brief, Reed Smith LLP, Washington, DC, for Amici Curiae, American Health Care Association and New York State Health Facilities Association, in support of Plaintiffs-Appellants.

Judge Park dissents in a separate opinion.

This appeal arises from the "registered nurse requirement" of the Medicaid Act, which mandates the inclusion of a registered nurse on the teams of professionals tasked with surveying skilled nursing facilities that participate in the Medicaid program. After the U.S. Department of Health and Human Services promulgated a rule...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases