In his session, Regulatory Boards in a Deregulatory World, Ron Jacobs from Venable provided key insights on the legislative and regulatory environment in which NAB operates. His session began with an overview of deregulation, and how federal decisions like spending cuts and executive orders impact NAB’s members. One example of this is Section 1908 of the Social Security Act, which provides that no nursing home within a state may operate except under supervision of an administrator licensed in that state. Moving through his session, Jacobs then explained broader legislative trends at the state level, including proposals to change board composition, universal licensing bills, and deregulatory efforts by legislators, and more. Often, these decisions are left in the hands of the Courts, who interpret the application of regulatory laws with respect to long-term care agency decisions. One major example of this is West Virginia v. EPA., which outlined the scope of agency authority and implemented a major judicial check on agency power. Concluding the first half of his presentation, Jacobs reflected on recent executive orders and the unclear effects these will have on NAB members as the regulatory environment shifts toward deregulation.
In the final section of his presentation, Jacobs provided strategies for NAB members to cope with changes in licensing requirements and respond to challenges. Citing his experience in regulatory law, Jacobs outlined key steps for preparing a lawsuit and emphasized the importance of staying up to date with new legislation in the field. The session concluded with a Q&A with Jacobs, who answered questions from NAB members on regulatory compliance in an increasingly deregulatory landscape.