State Ex Rel. Boone Retirement Center, Inc. v. Hamilton

ROBERTSON, Judge.

Congress requires every nursing home receiving Medicare or Medicaid to establish a quality assessment and assurance committee. Within the statute establishing this requirement, Congress said “[a] State ... may not require disclosure of the records of such committee except insofar as such disclosure is related to the compliance of such committee with the requirements of this subparagraph.” 42 U.S.C. section 1395i-3(b)(1)(B) (skilled nursing facility) and 42 U.S.C. section 1396r(b)(l)(B) (nursing facility). The issue in this case is whether these statutes prohibit a state grand…