Representative Michelle Fischbach (R-MN) led the February 13 introduction of the Protecting American Seniors Access to Care Act (H.R. 1303), a bill to prohibit the Secretary of Health and Human Services from implementing, administering, or enforcing provisions of the federal minimum staffing rule for nursing homes.

Representative Fischbach’s bill is being co-led by Representatives Nathaniel Moran (R-TX), Erin Houchin (R-IN), and Buddy Carter (R-GA), who serves as the Chairman of the House Energy and Commerce Subcommittee on Health.

LeadingAge and LeadingAge Minnesota both worked with Representative Fischbach’s staff on the bill’s re-introduction this Congress (a similar bill was introduced in the previous Congress) and were included in Representative Fischbach’s press release, along with local providers of long-term care:

“Ensuring quality nursing home care is our nonprofit and mission-driven nursing home members’ top priority. While staffing–without question–is critical to the achievement of that goal, the federal nursing home staffing mandate is not the answer. We appreciate that Representatives Fischbach, Carter, Houchin, and Moran recognize the rule’s fundamental challenges and are leading the charge to halt its implementation,” said Katie Smith Sloan, president and CEO, LeadingAge, the association of nonprofit providers of aging services, including nursing homes. “This misguided CMS regulation fails to account for the persistent workforce shortages facing America’s aging services providers. Setting unrealistic staffing levels without acknowledging and providing for the timely investments needed to recruit and retain enough direct care workers to fill open positions is simply bad policy. What’s more, it will result in unintended and undesirable consequences: forcing many of our nonprofit and mission-driven members to reduce admissions, take beds offline, or even close their doors for good, further reducing access to care.”

“LeadingAge Minnesota thanks Representative Fischbach for her continued leadership in standing up for seniors and rural communities across the country. In a time when we face ongoing workforce shortages, tying the hands of providers to meet an unattainable standard will not have the intended impact of increasing quality. Rather, it will only jeopardize already-limited access to care for seniors,” said Kari Thurlow, President and CEO of LeadingAge Minnesota.

“We are grateful for Congresswoman Fischbach’s support of rural nursing homes. We love caring for seniors in Fulda, and we are extremely worried about what this mandate would mean, especially in the face of proposed cuts to nursing homes by the Governor.” – Shelby Sass, Administrator, Maple Lawn Senior Care in Fulda.

LeadingAge and its state partners will continue advocating for the repeal of the federal staffing mandate, including through the budget reconciliation process currently being advanced through Congress.