For the record: AHCA/NCAL submitted final comments to CMS on the proposed federal staffing mandate for nursing homes.

• AHCA/NCAL President and CEO offered his thanks to providers for submitting more than 18,000 comments to CMS through AHCA/NCAL’s grassroots system to make sure the agency understands the devastating impact of the proposed rule on the profession and those they serve.

What they’re saying: AHCA/NCAL’s submission formally requests that CMS rescind the unfunded mandate. Implementation of the unfunded, one-size-fits-all rule amid a historic and nationwide labor shortage threatens the displacement of nearly 300,000 nursing home residents.

In the comment cover letter, AHCA/NCAL President and CEO Mark Parkinson writes:“[A]n unfunded federal staffing mandate will neither improve care nor address persistent staffing challenges. Without workforce development programs, staffing mandates do not create more caregivers, nor do they drive caregivers to work in long term care. Without funding, staffing mandates do not help nursing homes offer more competitive, higher-paying jobs …

“If CMS proceeds with this Proposed Rule, it will severely limit access to care for  our nation’s seniors and individuals with disabilities. Without a pipeline of new caregivers and resources to recruit, nursing homes will be forced to downsize in order to meet these requirements or close entirely. Nearly 300,000 residents could be displaced from their current nursing home, and countless other seniors and family members will be forced to wait longer and search farther for the care they need …

“We strongly urge CMS to rescind this impossible, unfunded proposed staffing mandate. It will only result in negative, unintended consequences for residents, staff, and the entire health care system.”

CMS’s next steps: CMS has to review each comment letter before it can move forward. There is no required timeline, so CMS can take as long as it needs before determining how or whether to proceed with the rule.

Ongoing advocacy: Since the federal staffing mandate was announced on September 1, there has been a growing consensus among Members of Congress on both sides of the aisle, long term care advocates, and health care experts that the rule will hurt our most vulnerable and that the Biden Administration should reconsider the proposal.

• AHCA/NCAL will not stop fighting this proposed rule. The association, in cooperation with state affiliates like VHCA-VCAL will maintain our ongoing advocacy efforts, meet with members of Congress, communicate with the Administration, and sustain our press efforts to ensure we get our message across loud and clear.

How you can help: You can continue to support this effort, as well, by meeting with your members of Congress in your districts.

• Hosting facility and community tours also remains important. Now more than ever, we need to make sure our elected officials see what we do, who we care for, and the need for supportive policies to strengthen our workforce versus finalizing this unfunded, impossible to implement one-size-fits-all mandate.
• Reach out to Heather Posthumus and Matt Smyth on the AHCA/NCAL Government Relations team who are ready to assist you in planning visits with members of Congress.
• Remember to like and share AHCA/NCAL and VHCA-VCAL’s social media posts to broaden their reach on this important topic.