H.R. 1683 — Protecting Rural Seniors’ Access to Care Act

This section prohibits the Secretary of Health and Human Services from implementing, enforcing, or otherwise giving effect to the final rule entitled “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting” (i.e., requiring minimum direct care nurse staffing hours per resident day in Medicare- and Medicaid-certified nursing homes) published on May 10, 2024 (89 Fed. Reg. 40976). It also prohibits promulgation of any substantially similar rule.

This section establishes an Advisory Panel on the Nursing Home Workforce in the Department of Health and Human Services (HHS), to be appointed by the Secretary of HHS within 60 days of enactment and chaired by a representative of the Secretary. The 17-member panel includes representatives from nursing professions (two registered nurses, two licensed practical nurses, and two nurse aides, with one each from rural areas), two physicians (one from a rural area), one representative each from the Centers for Medicare & Medicaid Services and the Health Resources and Services Administration, two workforce experts (one focused on rural and underserved areas), one administrator or representative each from rural nonprofit and for-profit skilled nursing facilities, and two representatives of state boards of nursing. Members serve terms not exceeding two years; the panel is subject to the Federal Advisory Committee Act and requires a quorum of 13 members. The panel must hold its initial meeting within 180 days of appointments and meet at least twice annually, with real-time virtual public access and postings of recordings and transcripts on an HHS website within 30 days. Within 60 days of the initial meeting, and annually thereafter, the panel must submit and publicly post on the Centers for Medicare & Medicaid Services website a report to the Secretary and specified congressional committees assessing the nursing home workforce—particularly shortages in rural and underserved areas and resulting barriers to access for Medicare Part A and Medicaid beneficiaries—analyzing effects of HHS regulations and guidance, and recommending actions such as reducing regulatory burdens on skilled nursing facilities and nursing facilities and investing in health professional training. (Skilled nursing facilities provide Medicare-covered skilled nursing care; nursing facilities provide Medicaid-covered nursing facility services.)