LeadingAge Kansas Endorses Federal Legislation to Stop the Finalization of the Proposed Minimum Staffing Rule

December 11, 2023

TOPEKA, Kan-- LeadingAge Kansas has reviewed and endorsed S.3410, a bill that would prohibit the Secretary of Health and Human Services (HHS) from finalizing the proposed minimum staffing rule and establish an advisory panel to study the workforce crisis in long-term care.

“Our nursing homes are committed to providing the highest quality care in Kansas and stand ready to work on real solutions for the continuing workforce crisis in long term care,” said Rachel Monger, President/CEO of LeadingAge Kansas. “The Biden Administration’s proposed minimum staffing rule for nursing homes will result in nothing but reduced access to nursing home care, and even more closures of Kansas nursing homes, particularly across rural swathes of our state. The federal government cannot mandate staff where none exist.”

LeadingAge Kansas has been diligently working with federal and state delegations in Kansas to outline concerns with the proposed rule since its release through letters to HHS Secretary Becerra and Centers for Medicare and Medicaid (CMS) Administrator Brooks-LaSure. State Representative Howe and Congressman Estes have further outlined their concerns in opinions and articles.

The association held regional coffee chats and invited state and federal legislators to discuss the issue first-hand with providers who would be directly impacted by the proposed rule.

“I have been so impressed with our representatives who have taken the time to hear about the challenges we face in retirement communities, especially long-term care facilities,” said LaMonte Rothrock, CEO of The Cedars. “Many urgent decisions need to be addressed to continue our care for our elders, and they have seemed to embrace our concerns and are going back to Topeka and Washington and sharing what they have learned. We can tackle these challenges together and appreciate that they have the talent and the time to listen.”

From those discussions, Senator Marshall led the way in co-sponsoring S.3410, a companion bill to H.R. 5796, Protecting Rural Seniors Access to Care Act. In a press release from his office, Senator Marshall said, “The pandemic, compounded with reimbursement challenges and staffing shortages, has led to the closure or reduced services in nearly 50 nursing homes across Kansas.” He further went on to describe the rule as “unachievable” and being “proud to champion this important bipartisan legislation.”

Since the introduction of both pieces of legislation, Senator Moran [R-KS], and Congressmen Mann [R-KS-1], LaTurner [R-KS-2], and Estes [R-KS-4] have each signed on as co-sponsors.

“We and our members are so appreciative of each of our federal and state delegates’ support in opposing this detrimental rule,” said Kylee Childs, Director of Government Affairs at LeadingAge Kansas. “We look forward to continuing to work alongside their offices and champion effective legislation that addresses the root of the issue – the workforce crisis.”

For further questions or inquiries, contact Kylee Childs, Director of Government Affairs, at 785-670-8051 or [email protected].