WASHINGTON, D.C. – As Congress returns this week, the American Health Care Association and National Center for Assisted Living (AHCA/NCAL) urges our nation's lawmakers to pass key legislation during the lame duck session to ensure America's seniors and individuals with disabilities have continued access to quality long term care.
“America's seniors can't wait. Let's advance common sense policies that develop our long term care workforce and protect access to care," said Clif Porter, president & CEO of AHCA/NCAL. “Our priority is and always will be working with lawmakers on both sides of the aisle to ensure every senior has access to the high-quality care they deserve. Lawmakers have introduced several bills during the 118th Congress that will move us in the right direction, and they should act swiftly to pass this legislation before the end of the year."
AHCA/NCAL supports legislation that focuses on meaningful support and programs to bolster the long term care workforce, including streamlining the visa process for international doctors, nurses and their families and expanding training programs for developing certified nursing assistants (CNAs). The association also encourages Congress to extend certain telehealth flexibilities given during the COVID-19 pandemic and prevent cuts to Medicare, both of which help ensure seniors have continued access to care.
Earlier this year, the Biden Administration finalized a one-size-fits-all staffing mandate that would exacerbate current workforce challenges, potentially displacing more than
290,000 residents which is why AHCA/NCAL also supports legislation that would block the rule. Members of Congress on both sides of the aisle have raised serious concerns about the mandate's unrealistic standards and dangerous implications. Bills that help nursing homes recruit, retain, and invest in a strong workforce will help facilities provide seniors with continued access to quality care more effectively than a blanket, unfunded mandate.
AHCA/NCAL supports the following legislative priorities during the lame duck session:
- Protecting Rural Seniors' Access to Care Act (S. 3410/H.R. 7513): This bipartisan bill sponsored by Senators Deb Fischer (R-NE) and Jon Tester (D-MT), and its House companion bill, introduced by Representatives Michelle Fischbach (R-MN) and Greg Pence (R-IN) and co-sponsored by Representative Jared Golden (D-ME), prohibits the U.S. Department of Health and Human Services (HHS) from finalizing the proposed staffing requirement for nursing homes. Additionally, this bill would create an advisory council to analyze nursing home labor shortages. The panel would then submit a report to Congress with recommendations to strengthen the sector's workforce.
- Ensuring Seniors' Access to Quality Care Act (H.R. 3227/S. 1749): Introduced by U.S. Representatives Gerry Connolly (D-VA) and Ron Estes (R-KS) and Senators Mark Warner (D-VA) and Tim Scott (R-SC), the bill allows nursing facilities that have been required to terminate their in-house certified nursing assistant (CNA) education programs to resume those programs once deficiencies are corrected. This bill also gives providers access to the National Practitioner Data Bank to conduct background checks and help identify the best candidates for open positions.
- Building America's Health Care Workforce Act (H.R. 9067): This bill, introduced by U.S. Representatives Brett Guthrie (R-KY) and Gus Bilirakis (R-FL) would give assistant nurse aides working in nursing homes 12 months to become CNAs, instead of the current four months. The bill recognizes that many states are dealing with CNA training and testing backlogs. The legislation would also allow assistant nurse aides to apply their on-the-job experience and training toward the 75-hour federal training requirement to become a CNA.
- Healthcare Workforce Resilience Act (S. 3211/H.R. 6205): Introduced by U.S. Senators Richard Durbin (D-IL) and Kevin Cramer (R-ND) as well as Representatives Brad Schneider (D-IL), Yadira Caraveo (D-CO), Don Bacon (R-NE), and Tom Cole (R-OK) in the House, this bill allows for the recapture of unused visas from previous fiscal years for doctors, nurses and their families. The legislation would also direct the U.S. Department of Homeland Security and the U.S. Department of State to expedite the processing of these applications.
- Train More Nurses Act (S. 2853/H.R. 6122): Introduced by U.S. Senators Jacky Rosen (D-NV), Mike Braun (R-IN), and Susan Collins (R-ME) and Representatives Zachary Nunn (R-IA), Dina Titus (D-NV), and Susie Lee (D-NV) in the House, the Train More Nurses Act directs the U.S. Secretary of Health and Human Services and the U.S. Secretary of Labor to conduct a review of all nursing grant programs to find ways to increase faculty at nursing schools, particularly in underserved areas. It also increases pathways for licensed practical nurses (LPNs) to become registered nurses (RNs).
- VA Report on Proposed CMS Staffing Ratios Act (S. 3841): The bipartisan bill sponsored by U.S. Senators Angus King (I-ME) and Kevin Cramer (R-ND), requires an assessment of the U.S. Department of Veterans Affairs (VA) ability to continue meeting the long term care needs of veterans at VA-affiliated nursing homes, with a focus on rural areas. It would require the Secretary of Veterans Affairs to submit a report on the VA's findings to Congress within 60 days of the bill becoming law.
- The Telehealth Modernization Act of 2024 (H.R. 7623): This bill, introduced by U.S. Representatives Buddy Carter (R-GA), Lisa Blunt Rochester (D-DE), Gregory Steube (R-FL), Terri Sewell (D-AL), Mariannette Miller-Meeks (R-IA), Debbie Dingell (D-MI), Jefferson Van Drew (R-NJ), and Joseph Morelle (D-NY), would extend certain flexibilities that were authorized during the COVID-19 public health emergency through the end of 2026. For example, the legislation would continue to permit physical and occupational therapists and speech-language pathologists to furnish telehealth services and continue to suspend geographic telehealth and other restrictions during the extension.
- Medicare Patient Access and Practice Stabilization Act (H.R. 10073): This bill, introduced by U.S. Representatives Gregory Murphy (R-NC), Jimmy Panetta (R-IA), Ami Berra (D-CA), Larry Bucshon (R-IN), Raul Ruiz (D-CA), John Joyce (R-PA), and Kim Schrier (D-WA) would increase the Medicare Part B Physician Fee Schedule (PFS) payments for Calendar year 2025 by 4.73 percent above the rates finalized by the Centers for Medicare and Medicaid Services (CMS) under current statutory authority. The bill seeks to eliminate the 2.9 percent conversion factor cut finalized by CMS and provide an additional 1.83 percent, which represents one-half of the Medicare Economic Index (MEI) inflation update for 2025. AHCA/NCAL is among the 129 supporting provider organizations of the bill.