Hearing Held in LeadingAge NY Minimum Staffing Lawsuit

On June 5, 2023, attorneys for LeadingAge NY and the State presented their respective arguments in a hearing before State Supreme Court Judge James Gilpatric on the association's lawsuit challenging the minimum nursing home staffing and minimum spending requirements. Represented by Hinman Straub, LeadingAge NY is seeking to enjoin the enforcement of the minimum staffing and spending requirements on the grounds that they are unconstitutional, preempted by federal law, and violate Medicaid and Medicare requirements. This was the first hearing on the merits in the case, LeadingAge NY v. Hochul, which was filed in May 2022.

Judge Gilpatric has reserved decision and given the parties the opportunity to file supplemental written statements. Although we cannot predict when a decision will be rendered, the case will be poised for a decision in late July or early August. More information about the lawsuit is available here.

Contact: Karen Lipson, klipson@leadingageny.org