Joco Today

U.S. Senator Roger Marshall, MD continues to oppose the Biden Administration’s rules that would impose additional federal regulations on long-term care facilities. The Centers for Medicare & Medicaid Services (CMS) published the final rule in April 2024, which mandates an increased staff-per-resident ratio, requires a Registered Nurse to be on-site 24/7, and heightens regulations on facility assessment reporting.

Senator Marshall argues that these new staffing requirements will lead many nursing homes to close due to an already tight healthcare workforce. “These overly burdensome rules will be devastating to nursing homes in Kansas, especially those in rural areas,” said Senator Marshall. “The unfunded mandates will further increase operating costs and exacerbate the existing nursing shortage. There is no evidence that these regulations will improve the quality of patient care. It just doesn’t make sense. I am proud to fight to keep nursing homes open so that Kansans can keep their loved ones in facilities close to home.”

In response, Senator Marshall has taken several actions against the new rules. He recently joined Senator Lankford (R-OK) in introducing a joint resolution for congressional disapproval which, if passed, would nullify CMS’s rules. Other Senate colleagues supporting the resolution include Senators Joe Manchin (I-WV), Mike Braun (R-IN), Jim Risch (R-ID), Kevin Cramer (R-ND), Deb Fischer (R-NE), Jerry Moran (R-KS), Bill Cassidy, M.D. (R-LA), Cynthia Lummis (R-WY), Cindy Hyde-Smith (R-MS), Joni Ernst (R-IA), Katie Britt (R-AL), Shelley Moore Capito (R-WV), Jon Tester (D-MT), Bill Hagerty (R-TN), John Boozman (R-AR), Markwayne Mullin (R-OK), Tom Cotton (R-AR), Thom Tillis (R-NC), Susan Collins (R-ME), John Cornyn (R-TX), Mike Crapo (R-ID), Steve Daines(R-MT ), Marsha Blackburn(R-TN ), John Barrasso(R-WY ), John Thune(R-SD ), Roger Wicker(R-MS ), Mike Lee(R-UT ), John Hoeven(R-ND ) and Dan Sullivan(R-AK ).

Following the announcement of these rules in September 2023, Senator Marshall signed onto a bipartisan letter urging CMS's administrator to rescind them. The letter stated: “We understand the importance of ensuring beneficiaries of federal health care programs have access to safe and high-quality nursing care. In fact, we share your intended goal of improving the quality of care for seniors. However, a one-size-fits-all staffing mandate significantly undermines access to care for patients, particularly in rural communities."

In December 2023, Senator Marshall co-introduced the Protecting Rural Seniors Access to Care Act which aims to prevent the rule from taking effect if it harms access to care. This bill received support from over 90 national and state organizations including LeadingAge Kansas, the Kansas Hospital Association, and the Kansas Health Care Association/Kansas Center for Assisted Living.