Colorado Politics

Colorado nursing homes need real solutions, not unfunded mandates | OPINION

Arlene Miles

Staffing shortages have been long-standing within the long-term care profession, pre-dating the pandemic. For several years, nursing homes have sounded the alarm and called for help but have not received the help needed. The Biden administration’s remedy to impose an unfunded sweeping staffing-level mandate is opposite to what nursing homes need to solve their workforce challenges.

The mandate’s requirements will be impossible to meet in today’s labor market. Nationally, nursing homes would have to hire more than 100,000 nurses and nurse aides to comply with the rule as there is a widespread shortage of nurses right now. In Colorado, estimates show we’ll be 10,000 nurses short by 2026.

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The stated goal of the Biden administration’s proposed mandate – to increase staffing levels – is understandable. Every nursing home has the same goal and wants nothing more than to hire more caregivers with an emphasis on delivering high-quality care and quality of life. However, this unfunded mandate will not accomplish that. The only thing this one-size-fits-all policy will do is hurt access to care for those who need it. In my 50-year career in long-term care, I have witnessed various models of care. It is abundantly clear, and studies will show, the measurement of quality of care and quality of life cannot be reduced to the number of hours staffed. I have seen facilities with high staffing levels deliver care that was not as high quality as facilities with lower staffing levels.

Ninety percent of Colorado nursing homes do not meet this mandate as it is currently proposed. That should send a clear message this is a flawed policy. The mandate will also cost Colorado an additional $64 million per year without any meaningful federal funding to hire the workers required by this mandate. There are no assurances quality of care and quality of life will be increased because of this mandate. Nursing homes are already chronically underfunded, as Medicaid reimbursement rates do not fully cover the cost of care. In addition, Colorado has significant spending limits that will prohibit any ability of the Medicaid program to fund this mandate.

With more and more health care workers leaving the industry, there is an unfair expectation nursing homes will be able to meet the new standards. When nursing homes can’t meet the mandate, they will either need to limit admissions or close entirely. Recently more than13 nursing homes in Colorado closed due to inadequate funding and staffing needs. These closures are largely in rural areas causing residents to be moved in some cases to another town for care. This also limits the ability of the family to visit and negatively impacts the quality of life for the resident.

Colorado already has a minimum staffing requirement based on outcomes, and a state-based approach is far better than a cookie-cutter federal mandate that lumps every nursing home into the same box. A bipartisan group of lawmakers has expressed their concerns about this mandate, including Colorado U.S. Sen. John Hickenlooper. There is also a bipartisan bill by Wyoming U.S. Sen. Jon Tester and Nebraska U.S. Sen. Deb Fischer that would stop the administration from implementing the rule, which Sen. Hickenlooper and fellow Colorado U.S. Sen. Michael Bennet should support.

Policymakers should work on collaborative solutions to empower the long-term care workforce. We need to incentivize future health care workers to join this important health care sector and give nursing home providers the resources they need to recruit the best and the brightest talent to join their ranks. This requires meaningful federal investment.

A strong workforce will ensure our seniors continue to receive the best quality care. Nursing home seniors and caregivers deserve our best.

Arlene Miles is the former president and chief executive of the Colorado Health Care Association.

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