Lankford Introduces Legislation to Protect Rural Seniors’ Access to Care

WASHINGTON, DC – Senators James Lankford (R-OK) and Deb Fischer (R-NE) introduced the Protecting Rural Seniors’ Access to Care Act. 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.

“Oklahoma seniors, especially in rural communities, deserve high quality, safe health care. Biden’s CMS 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 clearly have not adequately understood the problems families and seniors are facing when finding care in rural America,” said Lankford.

“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 Fischer.

“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.”

Background:

On September 1, 2023, the Centers for Medicare and Medicaid Services (CMS) proposed a rule that would mandate new minimum staffing standards for long-term care (LTC) facilities. According to CMS, 75 percent of nursing homes would have to increase staffing to comply with the proposed standards. This standard will be even harder to meet in rural areas, which already face historic staffing shortages. While CMS estimates that the cost for this rule is $4 billion, LeadingAge, the association for nonprofit providers of aging services, believes that the CMS proposed budget is significantly underestimating real costs. LeadingAge estimates that the rule’s staffing requirements will cost providers nearly $7 billion in the first year alone.

Senator Lankford introduced the Congressional Review Act (CRA) last year to prohibit the Biden Administration from implementing this ill-informed rule. Lankford also sent a letter to CMS pushing back against this rule.

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