January 27, 2023
Manchin Leads Bipartisan Effort to Better Address Nursing Home Staffing Shortages in Rural Communities
Washington, DC – U.S. Senator Joe Manchin (D-WV) led 13
bipartisan Senators in urging the Centers for Medicare & Medicaid Services
(CMS) Administrator Chiquita Brooks-LaSure to avoid one-size-fits-all staffing
mandates for nursing homes. Mandates, without provider flexibility in
addressing recruitment and retention issues, would worsen existing staffing
shortages in West Virginia and across the country, as well as place additional
financial burdens on facilities in rural and underserved communities.
“We understand
the importance of ensuring beneficiaries of federal health care programs have
access to safe and high-quality nursing care. However, we fear a
one-size-fits-all staffing mandate would undermine access to care for patients,
particularly in rural communities,” the Senators said in part. “Instead,
we urge you to work with Congress and rural stakeholders on tailored solutions
that address the severe workforce challenges in our states’ underserved areas.”
The nursing home industry has been suffering from funding
issues and severe understaffing, with 84% of nursing homes in the United States
currently short on staff. CMS recently proposed a set of reforms to help
improve the safety and quality of nursing homes, including a staffing mandate for
nursing homes. While many of the reforms are necessary, minimum nurse staffing
requirements could result in substantial financial pressure on rural and
underserved providers, putting their ability to keep their doors open at risk.
The Senators
continued, “Blanket staffing standards may not provide enough flexibility
to nursing homes in light of well-known and long-standing obstacles to the
recruitment and retention of direct care workers, especially in rural and
underserved areas…Meeting staffing mandates will place nursing homes in
financial jeopardy. This could lead to the shuttering of facilities, especially
in rural communities. There is no question such a scenario would only amount to
a counterproductive regulatory environment that leaves vulnerable patients and
their families with far less access to care.”
Senator Manchin
was joined by Senators Mike Rounds (R-SD), Jon Tester (D-MT), John Barrasso
(R-WY), Steve Daines (R-MT), John Hickenlooper (D-CO), John Thune (R-SD), Gary
Peters (D-MI), Kevin Cramer (R-ND), Deb Fischer (R-NE), Krysten Sinema (I-AZ),
John Hoeven (R-ND) and Cynthia Lummis (R-WY).
The full
letter is available below or here.
Dear
Administrator Brooks-LaSure,
We write to
express our concerns regarding the Centers for Medicare & Medicaid
Services’ (CMS) intent to issue staffing mandates for nursing homes.
Like you, we
understand the importance of ensuring beneficiaries of federal health care
programs have access to safe and high-quality nursing care. However, we fear a
one-size-fits-all staffing mandate would undermine access to care for patients,
particularly in rural communities. Instead, we urge you to work with Congress and
rural stakeholders on tailored solutions that address the severe workforce
challenges in our states’ underserved areas.
While we support
evidence-based policies to improve beneficiary care in nursing homes, staffing
mandates are not the only solution. First, sweeping staffing mandates do not
account for individual facilities’ operational capabilities and local workforce
conditions. For example, minimum staffing standards that establish strict staff-to-patient
ratios and/or minimum hours per resident day requirements may not reflect
optimal staffing levels given differences in patients’ needs and underlying
conditions, as well as the skills of the personnel at-hand.
Additionally,
blanket staffing standards may not provide enough flexibility to nursing homes
in light of well-known and long-standing obstacles to the recruitment and
retention of direct care workers, especially in rural and underserved areas.
This challenge is exacerbated by the fact that the health care sector is
projected to have a shortage of nurses (10 to 20% based on a spring 2022
estimate) in the coming years.
Finally, meeting
staffing mandates will place nursing homes in financial jeopardy. This could
lead to the shuttering of facilities, especially in rural communities. There is
no question such a scenario would only amount to a counterproductive regulatory
environment that leaves vulnerable patients and their families with far less
access to care.
Going forward,
we recognize CMS as a crucial partner in identifying, mitigating, and
preventing future health and safety problems in nursing homes. We stand ready
to work with your agency on proposals to improve long-term care for
patients. The best way to accomplish this goal is working with Congress
and stakeholders to ensure any future actions do not further exacerbate the
serious challenges already facing facilities in rural America.
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