“We will fight against this rule for the sake of our seniors and people with disabilities. In California, we don’t turn our backs on those who do not have the ability to fight back,” he added.
Becerra’s arguments against HHS’ and CMS’ proposed rule on nursing homes
In his letter to HHS Secretary Alex Azar and CMS Administrator Seema Verma, AG Becerra pointed out that the proposed rule violates the Social Security Act (SSA) and the Affordable Care Act (ACA).
He also emphasized that the proposal eliminates the rights of nursing home residents and ignores the responsibilities of the HHS Secretary under Section 1819 and 1919 of the SSA.
AG Becerra said that the proposed rule weakens the grievance process and protections against infection for residents. It allows the use of “as-needed” psychopharmacological drugs without adequate examination and disregards the Secretary’s responsibility that ensures the quality of care in favor of reducing costs for facilities.
Furthermore, AG Becerra argued that the proposed rule contradicts Section 11281 of the SSA and Section 1554 of the ACA.
