Republicans in the House of Representatives have introduced a Congressional Review Act resolution to overturn the Biden administration's minimum staffing requirements for nursing homes.
Under the requirements unveiled last month, all nursing homes that receive federal funding through Medicare and Medicaid must employ a registered nurse 24 hours a day, seven days a week and provide at least 3.48 hours of nursing care per resident per day.
According to estimates from the Department of Health and Human Services (HHS), the regulations will cost nursing homes $43 billion over the next decade.
Industry groups argue the measures set an impossible standard and will only worsen existing workforce shortages.
The measure was introduced earlier this week by Reps. Michelle Fischbach (R-Minn.) and Greg Pence (R-Ind.), with the support of prominent industry group LeadingAge, which represents nonprofit providers of services for the elderly, including nursing homes.
“The HHS nursing workforce mandate is a half-baked, one-size-fits-none plan that will not solve the nursing workforce shortage,” Fishbach said in a statement. “I am committed to holding the government accountable and I am proud to introduce this CRA to overturn a potentially disastrous policy.”
The rule faces bipartisan opposition, especially among some frontline Democrats who face a difficult reelection in 2024. These lawmakers, mostly from rural areas, argue the rule is too strict and would force nursing homes to close.
Even if the resolution passes, President Biden has the ability to veto it. But the rule will likely still face legal challenges from industry groups.
