Protecting Access to Care for Seniors

Long-term care and senior living in our country are taking on a dramatic shift as more Americans enter advanced age. This will place a larger strain on nursing homes and the existing network that serves this population, which is why it is critical to help rather than hamper the industry’s preparations for this incoming surge.

Like me, most Arkansans know loved ones in their circle of family and friends who have required the extensive care these facilities provide. It is a reality that comes with some anxiety but also hope that happy and fulfilling days can still be possible with access to the right services and support.

In April, the Centers for Medicare and Medicaid Services (CMS) released a final rule that created new, onerous requirements for nurse staffing levels in these care settings. Currently, only six percent of facilities in Arkansas meet these standards and they exceed existing benchmarks in nearly all states.

This unfunded federal mandate could jeopardize access to quality care and services for many seniors today and into the future. This problem is particularly dangerous for facilities in rural areas across the country, such as in Arkansas, because the increased staffing levels this rule requires will lead to higher costs. This will likely result in many nursing homes further limiting the number of residents served, or possibly closing due to shortages of available labor.

Both the American Health Care Association and its chapter in Arkansas have voiced concerns with this proposal and warned about the detrimental impact it could have.

My colleagues and I are committed to pushing back against this misguided regulation and protecting families and caregivers’ ability to find or remain in settings they trust and take comfort in.

I was proud to join a bipartisan group of over two dozen senators challenging the CMS mandate, first in a letter to the agency’s administrator last year and then signing onto a Congressional Review Act measure that would overturn the rule. This legislative vehicle offers an expedited procedure and only requires a majority vote to pass.

Natural State long-term care and senior living facilities are already facing challenges, but still finding ways to overcome them.

For example, Methodist Village Senior Living in Fort Smith is addressing the nurse staffing shortage in a practical way, with the only Life Plan Community in Arkansas that houses an onsite education center for certified nursing assistants and medication technicians. It has become a successful model of creating an environment that delivers education and training for the next generation of health care professionals. Not only does this help meet the needs of residents, but it also inspires fellow employees to strive toward obtaining more skills and certifications.

We know the nursing shortage began long before 2020 and was exacerbated by the pandemic, with approximately 100,000 registered nurses (RNs) leaving the profession in a two-year period. Another 610,000 RNs reported an “intent to leave” the workforce by 2027 due to stress, burnout and retirement, according to the National Council of State Boards of Nursing.

This is clearly an urgent problem we need to continue working to address. My colleagues and I share the administration’s goal of ensuring adequate staffing levels to improve the quality of care for seniors. However, a one-size-fits-all approach will do more harm than good, especially in communities that are already underserved.

I will continue working across party lines to address these concerns because our seniors deserve our utmost respect, which starts with valuing and upholding their dignity. We must empower each state to achieve that goal in partnership with caregivers and the families in need of these services.