Washington, D.C. - Congresswoman Fischbach (MN-07) introduced the Protecting America's Seniors Access to Care Act to prohibit the Department of Health and Human Services (HHS) from implementing the provisions of the Biden Administration's minimum staffing rule.
"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 Rep. Fischbach (MN-07). "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."
"We must ensure that our seniors can access the care they need, especially in rural areas,” said Congressman Nathaniel Moran (TX-01). “This legislation repeals the Biden Administration’s rule requiring an unworkable minimum staffing level in long-term care facilities, which threatens seniors’ access to care and increases costs. By rolling back this harmful rule, we are ensuring that the healthcare industry works for our seniors, not against them.”
“The Biden-Harris Administration finalized an unfunded mandate that will shut down nursing homes, displace thousands of residents, and restrict seniors' access to care. I am proud to join my colleagues in righting this wrong through thoughtful policies that increase access to care for our most vulnerable by expanding the nursing workforce pipeline. At a time when Georgia’s senior population is booming, repealing the Biden-Harris rule is necessary to meet increased demand,” said Congressman Buddy Carter (GA-01).
"This mandate is an unrealistic federal overreach that will force more nursing homes to shut down and limit access to care for seniors, especially in rural communities," said Congresswoman Erin Houchin (IN-09). "Instead of imposing burdensome regulations, we should focus on real solutions to address workforce shortages and ensure seniors receive the quality care they deserve."
Background: In the last Administration, the Centers of Medicare and Medicaid Services (CMS) issued a new rule requiring minimum staffing standards for long-term care facilities. This rule was issued despite the fact that a report commissioned by CMS itself expressed reservations about this rule. Most notably, this report said there was "no single staffing level that would guarantee quality care." Congresswoman Fischbach has been pushing back against this rule since it was first proposed and is committed to making sure it does not go into effect.
Here's what others are saying:
"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.
"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."
“Long-term, seasoned LPNs often have more knowledge of LTC rules and regulations than newly graduated RNs, yet they do not receive the credit they deserve in our industry. Over the past two years, I have been actively recruiting an RNs in rural Minnesota and have only received two applications. We hired both, one who has already left our facility, and the other who plans to leave the LTC field by June 2025. Not only is it difficult to find RNs, but many simply do not want to work in long-term care. Given the ongoing RN shortage, why would we implement such a restrictive rule for such a vital industry—especially without providing additional funding to support it?” - Sharlene Knutson, Administrator of McIntosh Senior Living in McIntosh, MN
"Ensuring every Minnesotan has access to quality care in their own communities is a top priority for Minnesota’s hospitals and health systems. That's why the Minnesota Hospital Association expresses deep gratitude to Congresswoman Fischbach for introducing the Protecting America's Seniors Access to Care Act. This legislation aligns precisely with what patients need most: timely, high-quality care delivered close to home. This bill will eliminate the risk of unintended negative consequences that arise from implementing rigid, one-size-fits-all mandates—especially amid a historic health care workforce crisis and in rural areas where resources are notably limited. We applaud Congresswoman Fischbach's dedication to preserving essential health services for all Minnesotans and look forward to ongoing collaboration to protect care and access statewide." - Becky Wifstrand, Director of Federal Policy and Regulatory Affairs, Minnesota Hospital Association
"This arbitrary staffing mandate focuses on red tape, and not on our residents. In addition, it is unfunded and offers no meaningful support or resources to help build a pipeline of new caregivers or incentivize those who are already in healthcare to choose long-term care. Nursing homes are already having to limit new admissions, downsize their facility or even close their doors completely because they can't find the workers needed...the mandate as currently constructed...will accelerate these issues, and put access to care, especially in more rural areas in jeopardy. Because of this, I am in full support of Congresswoman Fischbach's efforts to repeal this fundamentally flawed rule." - Matthew Fischer, Administrator of Bethany on the Lake in Alexandria, MN
"Nursing home providers and the cherished staff that care for the elderly within long-term care settings want nothing more than to provide exceptional care. Mandating at a federal level without funding is how the industry has been decimated long before the pandemic. Every year, CMS and the federal bureaucracy come up with some new mandate that takes care of patients, like the Payroll-Based Journal reporting of hours quarterly, which requires hours of combing through data and provides zero value to the patient receiving care. Just like the staffing mandate, this was a way to continue the intrusion into everyday citizens' lives. This is a nonsensical mandate that is not funded and would cost the entire system billions of dollars. I applaud Rep. Fischbach for fighting the rules that don't make sense. Thank you Rep. Fischbach." - Christopher Knoll, CEO, Minnewaska Community Health Services in Starbuck
"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
