Six Senate Democrats this week introduced the Nursing Home Improvement and Accountability Act of 2021, which offers more funding for facilities in exchange for industry reforms.

The bill would increase federal Medicaid payment to states for the next six years to provide funding for added nurses and infection prevention specialists. Funding would increase by three percentage points for the first four years, two percentage points the following year, and one percentage point in the final year. 

SNFs would be required to have a registered nurse on duty 24 hours a day, rather than just eight hours, and they would also be required to have an infection prevention and control specialist on staff. The bill would also increase state inspections of nursing homes and beef up reporting requirements.

Senate Finance Committee Chair Ron Wyden (D-OR), Senate Aging Committee Chair Bob Casey (D-PA), as well as senators Richard Blumenthal (D-CT),  Michael Bennet (D-CO), Sheldon Whitehouse (D-RI) and Sherrod Brown (D-OH) are co-sponsors of the bill.

“COVID-19 has thrown into sharp relief just how vulnerable America’s nursing homes are to unexpected disasters,” Wyden tweeted Tuesday .

“We appreciate Senators Wyden, Casey, Blumenthal, Bennet, Whitehouse, and Brown making long-term care a priority and incorporating components of our reform proposals in the Nursing Home Improvement and Accountability Act, specifically enhanced Medicaid funding for long- term care providers to support additional staffing for registered nurses and infection preventionists,” Mark Parkinson, president and CEO of the American Health Care Association and National Center for Assisted Living (AHCA/NCAL) stated

“The proposal to institute permanent minimum staffing requirements without a permanent funding source would be incredibly challenging for long-term care providers. Providers will not be able to meet staffing requirements if we can’t find people to fill the open positions. There must be a comprehensive approach to staffing beyond just numbers,” Parkinson said.

The bill would eliminate the common practice of nursing homes asking residents and families to agree from the start to arbitration of disputes involving care. That part of the bill doesn’t sit well with AHCA/NCAL.

“We continue to strongly oppose the severe restrictions on arbitration agreements as proposed in this legislation. Arbitration is quicker and less costly than litigation in court and provides similar outcomes for residents and families. An excessive litigation environment, coupled with the existing financial crisis, means thousands of long term care facilities would be forced to close their doors, in turn, displacing tens of thousands of vulnerable residents and limiting access to critical services for our nation’s seniors,” Parkinson said.