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Thursday, March 6, 2025

Legislation aims to reverse Biden-era rule affecting rural nursing homes

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Senator James Lankford, US Senator for Oklahoma | Official U.S. Senate headshot

Senator James Lankford, US Senator for Oklahoma | Official U.S. Senate headshot

Senators James Lankford and Deb Fischer have introduced the Protecting Rural Seniors’ Access to Care Act, aimed at reversing a nursing home staffing rule from the Biden administration. This legislation seeks to prevent closures of facilities in rural areas by establishing an advisory panel that will include representatives from both urban and rural communities. The panel's task is to report on workforce shortages and provide recommendations to strengthen staffing in these facilities.

Lankford expressed concern about the impact of the rule on Oklahoma seniors, particularly those in rural areas. "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," he stated.

Fischer highlighted similar concerns for Nebraska. "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," she said.

The American Health Care Association/National Center for Assisted Living President and CEO Clifton J. Porter II supported the senators' efforts, stating that "the Biden Administration’s staffing mandate threatens to displace tens of thousands of nursing home residents." He emphasized that Congress should seek better solutions for supporting seniors.

LeadingAge President and CEO Katie Smith Sloan also weighed in, noting that while quality care is a priority, "the federal minimum staffing rule for nursing homes...will only exacerbate current challenges." She commended Lankford and Fischer for addressing these issues through their legislation.

Background information indicates that on September 1, 2023, CMS proposed new minimum staffing standards affecting long-term care facilities. These standards would require 75 percent of nursing homes to increase their staff levels—a challenge heightened by existing shortages in rural areas. While CMS estimates compliance costs at $4 billion, LeadingAge suggests it could reach nearly $7 billion in just the first year.

Senator Lankford previously attempted legislative action against this rule via the Congressional Review Act and sent correspondence to CMS opposing its implementation.

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