U.S. Senators Deb Fischer (R-NE) and James Lankford (R-OK) introduced on February 26 the Protecting Rural Seniors’ Access to Care Act (S. 750) to reverse the federal minimum staffing rule for nursing homes and instead establish a nursing home workforce advisory panel to analyze workforce shortages and make practical recommendations to address them. A similar bill was introduced last Congress to prevent the proposed staffing rule from taking effect. The new bill would halt the final rule’s implementation.

The Senate bill’s introduction comes on the heels of a similar bill that was introduced in the House of Representatives by Representative Michelle Fischbach (R-MN) on February 13, the Protecting American Seniors Access to Care Act (H.R. 1303). While both bills would prohibit the Secretary of Health and Human Services from implementing, administering, or enforcing the final minimum staffing rule, Representative Fischbach’s version of the bill does not contain the provision to establish a workforce advisory panel.

LeadingAge president and CEO Katie Smith Sloan issued the following quote on the Senate bill’s introduction: “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. 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.”