What’s happening: This week, 181 VHCA-VCAL members will file a petition with the Supreme Court of Virginia against DMAS for failing to implement Medicaid nursing facility direct care base rate changes as required by the state budget adopted in April.

• At stake is the $21.65 million approved by the General Assembly to boost Medicaid rates, which should have gone into effect on July 1.

Our petition asks the Court to issue a writ of mandamus requiring DMAS to follow the law and increase Medicaid reimbursement rates using the General Assembly’s mandated methodology.

• DMAS has not implemented the rate changes, relying on an attempted veto by Gov. Glenn Youngkin that is not valid under the Virginia Constitution. The official law of Virginia recognizes the General Assembly’s budget directive—not the veto.
• You can read our media statement and the petition for more details.

The bottom line: This case is about ensuring nursing homes have the resources to hire and retain staff and provide high-quality care for residents.

• Approximately 39 percent of Virginia’s nursing homes are currently reimbursed less than they spend on nursing staff, and failure to implement these rates undermines care for thousands of residents across the Commonwealth.

Thank you: VHCA-VCAL is appreciative of the strong support from the membership to participate in this legal action. Our efforts are strengthened by our numbers as we pursue every avenue to secure the resources our residents and staff need and deserve.

• We will continue to keep you updated on the developments in this action as the petition is considered.