Fearing a presidential veto, congressional Republicans say they will not force action on a resolution to overturn the Biden administration’s minimum staffing mandate for nursing homes.
Sen. James Lankford (R-OK) said he and others would not force a vote on the resolution, which was floated under the Congressional Review Act. The CRA is a tool that allows lawmakers to nullify rules even after the executive branch has completed them.
“Whether a CRA passes or not, the problem is still sitting there,” Lankford told The Hill, referring to Biden’s veto pen. “The goal is not just to be able to pass the CRA. The goal is to be able to stop that policy implementation. That’s what we’re working towards.”
He went on to say other options, including potentially using a year-end funding bill to stop the administration from implementing the policy, are under consideration.
The Senate CRA measure received bipartisan support, including Sen. John Tester (D-MT), a vocal opponent of the staffing mandate.
Optimistic about stopping mandate
The CRA is just one of several ways Congress can demonstrate to the Biden administration that “this unrealistic staffing mandate is misguided and should be repealed,” said Clif Porter, incoming president and CEO of the American Health Care Association/National Center for Assisted Living, on Wednesday.
“Both Republicans and Democrats have voiced their opposition to the mandate because it will severely limit access to care for our nation’s seniors,” Porter told McKnight’s Long-Term Care News. “We remain optimistic and focused on ultimately stopping the mandate and furthering more productive ways to strengthen the long term care workforce.”
Todd Adams, director of health legislative affairs for LeadingAge, said his team will continue to work with congressional leaders on other avenues to address concerns about the mandatory staffing rule.
“The entire long-term care continuum is experiencing workforce shortages that won’t be fixed by a regulatory mandate, no matter how well intentioned. We need serious workforce investments to attract, incentivize, and train registered nurses and nurse aides that are currently in short supply,” Adams told McKnight’s Wednesday.
“We will continue to work with Congress on a range of policy solutions to help build domestic and international workforce pipelines and address underlying reimbursement challenges facing aging services providers,” he added.
Meanwhile, House Republicans appear poised to pass a joint resolution expressing congressional disapproval of the new rule, parts of which are already in effect. The resolution, however, would not have any binding impact.
The staffing mandate will force all nursing homes that receive Medicare and Medicaid funding to provide at least 3.48 hours of direct nursing care per resident per day. It has drawn the ire of nursing home leaders and operators, who believe it is unrealistic and costly given the current staffing shortages already facing nursing homes.
Long-term care provider organizations, including the American Health Care Association, the Texas Health Care Association and LeadingAge, have joined together in a lawsuit aimed at blocking the controversial staffing mandate. Last week, the Department of Health and Human Services filed more than 75,000 pages of rule-making records with a federal court in defense of the mandate.
