[Congressional Record Volume 169, Number 197 (Thursday, November 30, 2023)]
[Senate]
[Pages S5686-S5687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Long-Term Care

  Mrs. FISCHER. Mr. President, across the country, over 1.2 million 
Americans live in nursing homes. Many of our own parents, grandparents, 
and other loved ones are among them. Nursing facilities provide 
specialized attentive care to seniors in critical need of their 
services.
  Long-term care facilities are especially indispensable in small towns 
and rural areas like much of my home State of Nebraska. In those areas, 
a larger percentage of the population is over 65.
  Unfortunately, the Biden administration has released a rule this fall 
that could force many nursing facilities around the country to close 
their doors. The new rule, introduced in September by the Centers for 
Medicare and Medicaid Services, mandates new minimum staffing standards 
for long-term care facilities. It requires each facility to staff a 
registered nurse on site 24/7 and would require staff to provide each 
resident with at least 3 hours of direct care per day. The 
administration believes this rule would improve the quality of care in 
our nursing homes.
  Unfortunately, the rule, as written, would simply force many 
facilities to shut down, denying care to seniors entirely.
  According to CMS, 75 percent of nursing homes would have to increase 
staffing to comply with these proposed standards, but across our 
country, these homes already face historic staffing shortages. 
According to Federal labor statistics, nursing homes lost more than 
200,000 workers from February of 2020 to December of 2022. The industry 
is still rebuilding its workforce after a devastating pandemic.
  Under this rule, nursing homes would be forced to go to great lengths 
to find staff in the midst of these overwhelming shortages. If they 
failed, they would likely need to shut their doors and deprive seniors 
of care.
  Even one nursing home closure could be detrimental to seniors in 
certain rural communities. Highly populated urban areas may host 
several long-term care facilities, a lot of different options are 
available, but for these facilities in rural areas, they are few and 
far between. If one facility closes, the next closest one could be many 
miles or even hours away. It might not be feasible for every senior to 
move so far from their home.
  So this mandate from CMS, it would devastate facilities across 
Nebraska, across rural America, and across this

[[Page S5687]]

country. It would devastate families who are relying on these 
facilities to serve their loved ones, and it would devastate the 
seniors who urgently need care.
  After the release of this proposed rule in September, I joined the 
rest of the Nebraska Federal delegation in sending a letter to CMS 
Administrator Chiquita Brooks-LaSure opposing these new standards. We 
have never received a response.
  So I plan to introduce legislation that would prevent these misguided 
standards from going into effect. My bill would also establish an 
advisory panel on the nursing home workforce. The panel would host 
members representing various stakeholders, including members from rural 
areas and underserved areas.
  The Biden administration must hear from voices outside the big cities 
on the coasts. This proposed rule is a one-size-fits-all attempt at a 
solution, but the so-called solution simply doesn't fit. It is a 
misguided mandate that will prove destructive for communities that most 
need the care.
  I am going to keep fighting for our rural communities and for the 
seniors who rely on long-term care facilities, and I encourage my 
colleagues to do the same by joining me in support of this legislation 
to protect nursing homes and to protect the Americans they serve.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER (Mr. Peters). The majority leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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