Mealey's (May 5, 2021, 11:16 AM EDT) -- NEW YORK — A challenge to a final rule promulgated by the Centers for Medicare and Medicaid Services (CMS) that does not require a registered nurse to participate in investigative surveys of nursing facilities initiated in response to complaints is independently rooted in the Medicaid Act and, therefore, not precluded by the Medicare Act’s review provisions, the Second Circuit U.S. Court of Appeals ruled April 27, reversing and remanding a federal district court’s dismissal of a suit filed by skilled nursing facilities seeking pre-enforcement review of the rule....