Momentum continues to build behind resolutions that would repeal the federal nursing home staffing mandate in both houses of Congress. The Senate repeal now appears likely to pass, according to reporting from The Hill Tuesday.
Opposition to the controversial final mandate — released by the Centers for Medicare & Medicaid Services in April — was immediate, from both long-term care sector advocates and concerned policymakers.
The Senate’s invocation of the Congressional Review Act has been spearheaded by moderate Sens. Jon Tester (D-MT) and Joe Manchin (I-WV). Tester and Manchin represent the two votes necessary to overcome the slim Democrat majority in the Senate.
Unlike numerous other Senate bills which have stalled without a 60-vote margin necessary to override potential filibuster, the Congressional Review Act requires only a simple majority to pass.
Tester is a potentially vulnerable Democrat running for reelection in a state that voted for Donald Trump by a 16% margin in 2020, while Manchin changed his party affiliation from Democrat to Independent in late May — though he still caucuses with his former party.
Tester has been vocally supportive of long-term care advocacy against the staffing mandate in recent months — most recently addressing sector leaders at the American Health Care Association’s Congressional Briefing in Washington D.C.
Four more Senators in the Democratic caucus seem to still be on the fence about the Senate measure, according to The Hill’s reporting. New Hampshire’s Maggie Hassan and Jeanne Shaheen, as well as Kyrsten Sinema (I-AZ) and Angus King (I-ME), all previously signed a joint letter calling on CMS to cancel the rule, which at the time had not yet been issued in final form. None have yet signaled firm support for the Congressional review.
At the AHCA Congressional Briefing last week, Tester expressed confidence that the Senate review would pass. If that were to happen, the measure would likely be vetoed by President Biden. However, opposition to the mandate continues to grow on multiple fronts.
A similar Congressional Review Act resolution is also working its way through a Republican-controlled House of Representatives where it requires no bipartisan support to pass. That resolution was introduced by Michelle Fischbach (R-MN) and Greg Pence (R-IN).
In addition, AHCA increased pressure in May when it filed suit against the US Department of Health and Human Services and CMS, arguing their standards are “arbitrary and capricious.” Nonprofit association LeadingAge also intends to join the lawsuit.
