Republicans Won’t Pursue Legislative Measure to Overturn Nursing Home Staffing Mandate

Republicans in the Senate will not pursue a vote for a resolution to overturn the Biden administration’s nursing home staffing mandate.

The resolution by way of the proposed Congressional Review Act (CRA) would allow lawmakers to pursue a legislative tool that can fast-track the nullification of the staffing mandate.

Senator James Lankford (R-Okla.), who led the CRA measure alongside bipartisan support from Senators Jon Tester (D-Mont.) and Joe Manchin (I-W.Va.), stated that while the resolution could likely pass, it would ultimately be futile since President Biden would veto it. Lankford said the CRA wouldn’t accomplish anything.  

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“Whether a CRA passes or not, the problem is still sitting there,” Lankford told The Hill. “The goal is not just to be able to pass the CRA. The goal is to be able to stop that policy implementation.”

The federal staffing mandate will require nursing homes to have a registered nurse on duty 24/7, along with a minimum of 3.48 hours of nursing care per resident each day. Critics, including Lankford and his colleagues, argue that these mandates will not address existing workforce shortages and may lead to the closure of many rural nursing homes.

In recent months, legal and legislative efforts to derail the mandate, including the CRA, had gained momentum.

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Additionally, the mandate faces legal challenges, with the American Health Care Association filing a lawsuit in Texas against the mandate. The case will be heard in a district court known for its conservative rulings.

Despite the absence of a CRA vote, Lankford noted that alternative strategies are being considered, such as utilizing year-end funding bills to block the implementation of the staffing mandate.