Senators Urge CMS to Rescind Proposed Nursing Home Staffing Mandate

Senator Bill Cassidy | Sen. Bill Cassidy Official Website

By Central Louisiana News

Oct 3, 2023

WASHINGTON - U.S. Senators Bill Cassidy, M.D. (R-LA), James Lankford (R-OK), Jon Tester (D-MT), and colleagues have called on the Biden administration's Centers for Medicare and Medicaid Services (CMS) to withdraw their proposed minimum staffing requirements for nursing homes. The senators argue that the current severe workforce shortage in the healthcare sector makes it the wrong time to impose a federal staffing mandate.

The senators emphasized the importance of ensuring access to safe and high-quality nursing care for beneficiaries of federal health care programs. However, they believe that a one-size-fits-all staffing mandate would significantly hinder patient care, especially in rural communities where access to care is already limited. Instead, they urge CMS to collaborate with Congress and stakeholders to develop policy alternatives that address the workforce challenges faced by underserved areas in their respective states.

The senators' letter states, "We share your intended goal of improving the quality of care for seniors. However, a one-size-fits-all staffing mandate significantly undermines access to care for patients, particularly in rural communities."

The lawmakers highlight the ongoing workforce shortage in the healthcare sector and express concerns that a federal staffing mandate would burden nursing home facilities and potentially lead to closures. This, in turn, would harm seniors, their families, and their communities. The senators argue that now is not the time to impose additional mandates that could exacerbate the existing challenges faced by nursing homes.

The letter also points out disparities in facilities across the country and emphasizes the difficulty of implementing national requirements due to these differences. While the proposed rule attempts to address some of these disparities, the senators believe it falls short in areas such as the inclusion of Registered Nurses (RNs) on-site and the exclusion of Licensed Practical Nurses (LPNs) from the staffing ratio formula.

The senators also highlight the projected shortage of nurses in the healthcare sector in the coming years and assert that federal blanket staffing standards do not provide the necessary flexibility for nursing homes, particularly in rural and underserved areas. They mention the efforts already being made by small rural nursing home providers to recruit and retain clinical staff and emphasize the additional challenges they face.

The senators conclude their letter by acknowledging CMS as a crucial partner in improving long-term care for patients and express their willingness to work with the agency. They stress the importance of collaboration with Congress and stakeholders to ensure that any future actions do not exacerbate the challenges faced by nursing home facilities nationwide.

The letter was signed by Senators Susan Collins (R-ME), Roger Marshall (R-KS), Tom Cotton (R-AR), Joe Manchin (D-WV), Shelley Moore Capito (R-WV), Jim Risch (R-ID), John Boozman (R-AR), Kyrsten Sinema (I-AZ), Kevin Cramer (R-ND), Steve Daines (R-MT), Angus King (I-ME), Jerry Moran (R-KS), Bill Hagerty (R-TN), Maggie Hassan (D-NH), Cindy Hyde-Smith (R-MS), Marsha Blackburn (R-TN), Mike Lee (R-UT), Marco Rubio (R-FL), John Hoeven (R-ND), Roger Wicker (R-MS), Thom Tillis (R-NC), John Thune (R-SD), Jeanne Shaheen (D-NH), Mike Rounds (R-SD), and Markwayne Mullin (R-OK).

For more information, read the full letter.