In case you missed it, U.S. Senator Deb Fischer (R-NE) and Jon Tester (D-MT)
introduced the Protecting Rural Seniors’ Access to Care Act. The bipartisan bill, cosponsored by U.S. Senators Roger Marshall (R-KS), James Lankford (R-OK), Kyrsten Sinema (I-AZ), Joe Manchin (D-WV), Roger Wicker (R-MS), Susan Collins (R-ME), and Angus King (I-ME), prohibits the U.S. Department of Health and Human Services (HHS) from being able to finalize the proposed staffing requirement for nursing homes.
The one-size-fits-all mandate will exacerbate the current workforce shortages in the long term care industry, forcing facilities, especially those in rural communities, to limit their admissions or close their doors altogether. In her statement on the bill, Senator Fischer said:
“Nursing homes across the country face historic staffing shortages, and nowhere are those challenges more real than in rural states like Nebraska. This mandate from the Centers for Medicare and Medicaid Services would force many facilities to reduce their number of patients or even close their doors for good. My legislation will stop this staffing rule and allow time to find a fairer solution that protects rural facilities across our state.”
Senator Tester also commented on the introduction of the legislation:
“I’ve told the Biden Administration from the jump that imposing a burdensome one-size-fits-all staffing mandate simply won’t work for Montana’s rural nursing homes,” said Tester. “Our long-term care facilities are already facing severe workforce shortage issues, and this federal staffing mandate could force facilities to shut their doors. My bipartisan bill will stop this rule dead in its tracks, and I’m committed to working with my colleagues to address the nursing home workforce so we don’t leave rural seniors in the lurch.”
In addition to blocking the CMS staffing mandate, the Protecting Rural Seniors’ Access to Care Act would create an advisory council to analyze nursing home labor shortages. The panel would then submit a report to Congress with recommendations to strengthen the sector’s workforce.
The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) has continued to oppose the unfunded rule, as it will only limit access to care for vulnerable seniors. AHCA/NCAL is supportive of the Protecting Rural Seniors’ Access to Care Act and is part of more than 90 organizations who have endorsed the bill:
“We applaud Senators Fischer and Tester for introducing this legislation. This unfunded mandate threatens access to long term care for seniors everywhere, but especially our nation’s rural and underserved communities. It requires substantial resources that nursing homes simply don’t have to hire more than 100,000 additional caregivers that simply don’t exist, ultimately threatening to close nursing homes across the country. Rather than this impossible, one-size-fits-all mandate, we need thoughtful workforce policies that will help address nationwide nursing shortages and incentivize caregivers to choose a career in long term care. We fully support this bill and look forward to working with Congress on more productive solutions.”
The unfunded staffing mandate will be impossible for nursing homes to meet. A recent
analysis found that 94 percent of nursing homes do not meet at least one of the three requirements of the mandate. The study also found that that mandate would require facilities to hire more than 100,000 additional nurses and nurse aides, costing a staggering $6.8 billion per year. If providers are unable to find these additional caregivers, nearly 300,000 residents could be displaced, as facilities would be forced to downsize or close.
Read the full press release from U.S. Senator Deb Fischer (R-NE)
HERE.
View the House companion bill introduced by Representative Michelle Fischbach (R-MN)
HERE.
See what other Members of Congress, policy experts and long term care advocates nationwide are saying in opposition of the mandate
HERE.