119-s750

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 750 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 750

 To prohibit the Secretary of Health and Human Services from 
 implementing, enforcing, or otherwise giving effect to a final rule 
regarding minimum staffing for nursing facilities, and to establish an 
 advisory panel on the nursing home workforce.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 26, 2025

 Mrs. Fischer (for herself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

 To prohibit the Secretary of Health and Human Services from 
 implementing, enforcing, or otherwise giving effect to a final rule 
regarding minimum staffing for nursing facilities, and to establish an 
 advisory panel on the nursing home workforce.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Rural Seniors' Access to 
Care Act''.

SEC. 2. PROHIBITION ON IMPLEMENTING, ENFORCING, OR OTHERWISE GIVING 
 EFFECT TO THE FINAL STAFFING RULE.

 Beginning on the date of enactment of this Act, the Secretary of 
Health and Human Services may not implement, enforce, or otherwise give 
effect to the final rule entitled ``Medicare and Medicaid Programs; 
Minimum Staffing Standards for Long-Term Care Facilities and Medicaid 
Institutional Payment Transparency Reporting'' published by the 
Department of Health and Human Services on May 10, 2024 (89 Fed. Reg. 
40976-41000), and may not promulgate any substantially similar rule.

SEC. 3. ADVISORY PANEL ON NURSING HOME WORKFORCE.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this section, the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary'') shall establish the 
Advisory Panel on the Nursing Home Workforce (in this section referred 
to as the ``Panel'').

    (b) Membership.--

    (1) Number and appointment.--The Panel shall be composed of 
 17 members representing various geographic areas, appointed by 
 the Secretary as follows:
        (A) 1 representative of the Secretary, who shall 
 serve as the chair of the Panel.
        (B) 2 registered nurses who actively furnish 
 services in a skilled nursing facility or nursing 
 facility, one of whom shall represent a rural area.
            (C) 2 licensed professional nurses who actively 
 furnish services in a skilled nursing facility or 
 nursing facility, one of whom shall represent a rural 
 area.
            (D) 2 nurse aides who actively furnish services in 
 a skilled nursing facility or nursing facility, one of 
 whom shall represent a rural area.
        (E) 2 physicians who actively furnish services in a 
 skilled nursing facility or nursing facility, one of 
 whom shall represent a rural area.
        (F) 1 representative of the Centers for Medicare & 
 Medicaid Services.
        (G) 1 representative of the Health Resources and 
 Services Administration.
        (H) 2 individuals with professional expertise 
 related to the nursing home workforce, one of whom 
 shall have experience with respect to the nursing home 
 workforce in rural and underserved areas.
            (I) 1 licensed administrator or representative of a 
 rural not-for-profit skilled nursing facility.
        (J) 1 licensed administrator or representative of a 
 rural for-profit skilled nursing facility.
        (K) 2 representatives of State boards of nursing.

    (2) Timing of appointments.--Each of the appointments under 
 paragraph

    (1) shall be made not later than 60 days after the 
 date of the enactment of this section.

    (3) Terms; vacancies.--Each member shall be appointed for a 
 term not to exceed 2 years, and a vacancy in the Panel shall be 
 filled in the manner in which the original appointment was 
 made.

    (4) Quorum.--13 members of the Panel shall constitute a 
 quorum.

    (5) Federal advisory committee act.--Chapter 10 of title 5, 
 United States Code, shall apply to the Panel.
            (c) Duties.--

    (1) Meetings.--
        (A) Frequency.--The Panel shall meet not later than 
 180 days after the date on which the appointments 
 described in subsection

    (b) are made, and not less 
 frequently than twice per year thereafter.
        (B) Public access.--The Panel shall make available 
 on a public website of the Department of Health and 
 Human Services--
            (i) real-time virtual access to each 
 meeting of the Panel; and
            (ii) not later than 30 days after each such 
 meeting, a recording and transcript of the 
 meeting.

    (2) Reports.--
        (A) Initial report.--Not later than 60 days after 
 the initial meeting of the Panel under paragraph

    (1)
        (A) , the Panel shall submit to the Secretary, the 
 Committee on Ways and Means and the Committee on Energy 
 and Commerce of the House of Representatives, and the 
 Committee on Finance of the Senate, and shall publish 
 on a public website of the Centers for Medicare & 
 Medicaid Services, a report on the state of the nursing 
 home workforce, which shall include--
            (i) an assessment of the state of the 
 nursing home workforce in rural and underserved 
 areas, including an analysis of--
            (I) workforce shortages; and
            (II) with respect to individuals 
 entitled to benefits under part A of 
 title XVIII of the Social Security Act 
 (42 U.S.C. 1395 et seq.) and 
 individuals entitled to medical 
 assistance under title XIX of such Act 
 (42 U.S.C. 1396 et seq.), barriers to 
 access to skilled nursing facilities 
 and nursing facilities caused by such 
 shortages;
            (ii) an analysis of regulations, sub-
 regulatory guidance, and guidance to State 
 survey agencies issued by the Secretary with 
 respect to skilled nursing facilities and 
 nursing facilities, and the effects of such 
 regulations and guidance on the nursing home 
 workforce;
            (iii) recommendations for the Secretary to 
 strengthen the nursing home workforce, 
 including recommendations for decreasing 
 regulatory burdens for skilled nursing 
 facilities and nursing facilities and making 
 financial investments in training for health 
 professionals; and
            (iv) other information as the Panel 
 determines necessary.
        (B) Subsequent reports.--Not later than 1 year 
 after submitting the initial report under subparagraph
        (A) , and annually thereafter, the Panel shall submit 
 and publish an updated report in the same manner as 
 required under such subparagraph.
            (d) === Definitions. ===
-In this section, the following definitions apply:

    (1) Nursing facility.--The term ``nursing facility'' has 
 the meaning given such term in 

section 1919

    (a) of the Social 
 Security Act (42 U.S.C. 1396r

    (a) ).

    (2) Nursing home workforce.--The term ``nursing home 
 workforce'' means the workforce of health professionals that 
 provide direct resident care in skilled nursing facilities and 
 nursing facilities.

    (3) Rural area.--The term ``rural area'' means any area 
 outside a metropolitan statistical area.

    (4) Skilled nursing facility.--The term ``skilled nursing 
 facility'' has the meaning given such term in 

section 1819

    (a) of the Social Security Act (42 U.S.C. 1395i-3

    (a) ).

    (5) Underserved area.--The term ``underserved area'' means 
 an area that is--
        (A) a health professional shortage area, as such 
 term is defined in 

section 332

    (a)

    (1)
        (A) of the Public 
 Health Service Act (42 U.S.C. 254e

    (a)

    (1)
        (A) ); or
        (B) designated as a medically underserved area 
 pursuant to 

section 330

    (b)

    (3)
        (A) of such Act (42 U.S.C. 
 254b

    (b)

    (3)
        (A) ).
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