Staffing Mandate Litigation Update: Preliminary Injunction Denied in Kansas v. Becerra

The U.S. District Court in the Northern District of Iowa denied the states’ motion for preliminary injunction against the federal staffing mandate. The Court noted that the plaintiffs failed to demonstrate that the preliminary injunction was necessary to prevent irreparable harm.  

This comes as no surprise. AHCA/NCAL anticipated this ruling given that the minimum staffing requirements for the rule do not take effect for two or more years. But the important thing is that this decision has no bearing on the lawsuit, AHCA v. Becerra.

The real question before the courts is whether HHS and CMS have the authority to issue this unrealistic and unfounded staffing mandate, and the answer is a resounding no. It is Congress that has the ability to set specific staffing standards. They remain confident that the judge in the Northern District of Texas will agree and rule in their favor and expect a ruling from that Court sometime in the first quarter of the year.

The other development from the Northern District of Iowa yesterday was the establishment of a schedule for motions and replies from the parties with the final being due on April 24, 2025. That pushes the Iowa Court’s ruling on the merits in Kansas v. Becerra after the decision in AHCA v. Becerra is expected from the Court in the Northern District of Texas, but they do expect the Iowa Court to move quickly.

AHCA/NCAL will continue to keep you apprised of any further legal developments as well as continue to fight the mandate through additional avenues, such as through legislation. One way or another, they will stop this overreaching and unrealistic regulation.

Please visit their Staffing Mandate webpage for more information about the lawsuit and AHCA/NCAL’s efforts.