It’s been just over a month since the federal staffing minimum landed in our inboxes, its details continuing to send ripples through the long-term care sector as readers dig deeper to interpret potential impacts.
At the American Health Care Association’s annual convention and expo in Denver this week, there was a mix of resolute defiance in the face of potentially crushing requirements and continued consternation that any federal regulator would have the chutzpah to attempt them in the current environment.
And then there was one tiny glimmer of hope, followed by another.
Those were signs that providers and lobbyists who worked to get ahead of the rule in its pre-proposal phase may be seeing the fruits of their labor.
Word broke widely here Monday that 28 US senators from across party lines (but mostly from rural areas) had written to the Centers for Medicare & Medicaid Services administrator, beseeching her to back down.
And in the other chamber, there’s a fresh legislative movement afoot to bar the staffing mandate rule from being enacted until after the workforce crisis is effectively proven over.
But with the obvious dysfunction in Congress and another looming government shutdown threat, there appears little likelihood that that House bill will get a fair shake anytime soon.
Those glimmers of legislative hope providers thought they saw shining on rough seas may soon be shrouded behind fresh storm clouds.
That leaves the best opportunity to see the rule defeated (at least in its current form) largely in the hands of providers.
AHCA top exec Mark Parkinson believes CMS will listen and act responsively should operators plow the agency under with formal commentary. After all, the strategy worked to widen the COVID-19 vaccine mandate and to avoid a significant Medicare pay cut as the pandemic was widening down.
And yet, this battle is unlike many others in recent years. Consumer advocates and union leaders are also running their own comment campaigns.
The SEIU claims to have already moved 4,500 members to write — an interesting account given that the Federal Register shows a total of just about 4,300 electronic comments received as of Wednesday.
Should all the parties vested in these regulations come through, though, some may face the unintended consequence of significantly delaying implementation. They may even risk stalling it long enough to land the staffing rule in the hands of a new, more business-friendly presidential administration.
That adds fuel to Parkinson’s exhortation to providers that they assault CMS with specific concerns by the Nov. 6 deadline.
As brightly as other options we hear about in the next few weeks may shine, they could lose their gleam quickly. Indeed, a tried-and-true (but intensely vigorous) comment campaign may be the best way to light the end of this tunnel.
Kimberly Marselas is senior editor of McKnight’s Long-Term Care News.Opinions expressed in McKnight’s Long-Term Care News columns are not necessarily those of McKnight’s.
