Today, U.S. Senators Deb Fischer (R-Neb.) and James Lankford (R-Okla.),
reintroduced the Protecting Rural Seniors’ Access to Care
Act<https://www.fischer.senate.gov/public/index.cfm/news?ID=872279AF-3F59-4BE0-9879-69ADD8052407>.
The legislation would reverse a Biden-era nursing home staffing rule that will harm
facilities across rural America and could force many to close.
The legislation would also establish an advisory panel on nursing home staffing that
includes voices from both urban and rural communities. The panel would submit a
report to Congress that analyzes workforce shortages and makes practical
recommendations to strengthen the workforce.
U.S. Representative Michelle Fischbach (MN-07) introduced identical companion
legislation in the House.
“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
Biden administration is on track to force many facilities to shut their doors,
depriving America’s seniors of care. My legislation will reverse this staffing rule
and create solutions that will protect rural facilities,” said Senator Fischer.
“Oklahoma seniors, especially in rural communities, deserve quality, safe health
care. CMS has proposed a one-size-fits-all staffing mandate that has significantly
threatened the ability for patients to receive post-acute care in rural communities.
My colleagues and I are taking all available steps to stop the overreaching staffing
mandate from CMS—they are not in our communities and clearly do not adequately
understand the problems families and seniors are facing when finding care in rural
America,” said Senator Lankford.
"The Biden Administration's HHS nursing staff mandate was a half-baked,
one-size-fits-none plan that will not solve the nursing staff shortage and will hurt
nursing home facilities all across Minnesota's Seventh District," said Congresswoman
Fischbach. "A report commissioned by CMS itself found that there is no single
staffing level that guarantees quality care, and a mandated ratio will force
facilities to turn away patients or close their doors altogether across communities
like those in greater Minnesota. I am proud to lead the efforts of Congress to keep
a potentially disastrous policy from being implemented and I look forward to working
with The Trump Administration and stakeholders on policies that support nursing
staff recruitment and retention to solve the ongoing workforce shortage in this
country."
Nebraska Stakeholder Support:
“Every Nebraskan should be concerned about this federal mandate because it directly
impacts the viability of their local nursing home,” said Nebraska Health Care
Association President and CEO Jalene Carpenter. “Eighty-eight percent of Nebraska’s
nursing homes won’t be able to meet the new rule’s 24/7 RN requirement, and 90
percent won’t be able to meet every one of the rule’s requirements. Senator
Fischer’s Protecting Rural Seniors’ Access to Care Act would prohibit the U.S.
Department of Health and Human Services from finalizing a rule that will force even
more facilities to close, especially in our rural communities. The workforce to
implement this rule doesn’t exist, making Senator Fischer’s bill the most viable
solution. We are grateful for Senator Fischer’s leadership and understanding that
the mandate isn’t a path to quality; it’s a path to closure.”
"The CMS nurse staffing mandate fails to account for the stark realities of rural
Nebraska. It is a one-size-fits-all regulation that will stretch already thin
resources to a breaking point, forcing closures and leaving our most vulnerable
patients without access to critical care. The Nebraska Hospital Association is
grateful for Senator Fischer’s leadership on this issue,” said Nebraska Hospital
Association President Jeremy Nordquist.
National Stakeholder Support:
“Seventy percent of the residents we serve live in rural towns. These are
communities of 500 to 5,000 people, where our residents are retired teachers,
farmers, pastors, business owners and veterans. Only five percent of our locations
meet the requirement to have an RN on-site 24 hours a day. It’s impossible to
imagine how a skilled nursing facility in a town of 1,500 people will be able to
find 24-7 coverage for an RN when they already have open RN positions they can’t
fill today. This unrealistic and unfunded staffing mandate will not improve quality.
Instead, it will force rural nursing homes to close their doors when they can’t meet
the minimum staffing requirements – taking seniors away from their loved ones, and
the lives they know. We appreciate Senator Fischer's leadership on this issue and
look forward to continuing to work on meaningful common-sense solutions to attract,
retain and grow the long-term care workforce and protect access to high-quality care
for our nation’s seniors, particularly those living in rural areas,” said Good
Samaritan President and CEO Nate Schema.
“We thank Senators Fischer and Lankford for their leadership in safeguarding
seniors’ access to care by reintroducing this bill. The Biden Administration’s
staffing mandate threatens to displace tens of thousands of nursing home residents
in communities across the country. The concerns in Congress we’ve seen on both sides
of the aisle reaffirm what the profession has been saying for years: these
unrealistic standards will only force more nursing homes to downsize or close. There
is a better way to support our nation’s seniors, and we look forward to working with
members of Congress on more productive solutions to grow our workforce,” said
American Health Care Association/National Center for Assisted Living President and
CEO Clifton J. Porter II.
"Ensuring access to quality care is a top priority for our nonprofit and
mission-driven nursing home members. Quality care and staffing are tightly
connected. However, the federal minimum staffing rule for nursing homes, while
well-intentioned, will only exacerbate the current challenges that providers,
particularly those serving rural communities, must navigate: a shortage of qualified
workers and a highly competitive labor market," said LeadingAge President and CEO
Katie Smith Sloan. "The federal staffing mandate does not include any funding to
help pay for staff recruitment and training. Without staff, there is no care;
shortages force providers to make difficult choices, including limiting admissions,
taking beds offline, or, worse yet, closing wings or even ceasing operations.
Solutions to address longstanding workforce issues in aging services are needed. We
commend Senators Fischer and Lankford for their leadership on the Protecting Rural
Seniors' Access to Care Act to stop implementation of this unworkable staffing rule
and also create an advisory panel to tackle the ongoing workforce shortages facing
aging services providers."
