Skilled Nursing Facility

CMS faces lawsuit over unproven claims incorporated into SNF star ratings

A lawsuit filed last week by sb2 Inc. on behalf of 12 independent SNFs alleges that CMS published unconfirmed negative claims onto Nursing Home Compare before the SNFs were able to contest them, leading to lower star ratings and penalties for certain SNFs.

The lawsuit cites a violation of SNF rights to contest claims against them, with plaintiffs stating, “The posting of deficiencies constitutes a penalty which requires a hearing prior to posting and prior to any changes in the calculation of a Star Rating. Defendants have denied Plaintiffs the opportunity to contest citations at a fair and impartial evidentiary hearing.”

CMS has yet to comment on the pending litigation.