Strength in numbers: How group litigation is lowering the cost of fighting CMS overreach

In a regulatory environment increasingly characterized by administrative overreach, long-term care providers are teaming up to challenge practices that appear to bypass constitutional protections.

Membership in newly formed state and national litigation groups is taking the onus off of individual skilled nursing facilities and helping attorneys find the right cases to elevate as providers target a patchwork of informal guidelines and third-party audits. Those are increasingly being used by the Centers for Medicare & Medicaid Services to “weaponize” the star-ratings system. Negative results can be reputationally and financially devastating to providers, and yet the agency offers no way to appeal findings made outside of its traditional survey process.

Chad Bogar, founder of sb2 Healthcare, likens the current audit environment to a sporting event where the rules are changed mid-game by a third party with no referee to consult. He’s working with Mark Reagan, a veteran attorney with Hooper, Lundy & Bookman, to ensure legal challenges are filed in favorable jurisdictions with a unified strategy.

Listen in to this episode hosted by Senior Editor Kim Marselas to learn more about:

-How the teams are supporting providers’ efforts to limit the impacts of schizophrenia and Payroll-Based Journal audits
-Why right now is an "ideal time" for providers to challenge over-regulation
-What legal challenges this team might bring next

Check out the full episode for a meaty discussion on pending litigation against CMS and how the changing legal landscape is opening doors for providers.
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