When the massive Senate Finance Committee budget reconciliation bill was released earlier this week, there was cheering in some nursing home corners. 

That’s because despite some of the worrisome facets of the proposal, tucked into the package was further evidence that the minimum staffing mandate may soon be officially declared dead. 

The Senate bill prohibits the secretary of Health and Human Services from implementing or enforcing the federal nursing home staffing mandate

With the Senate showing its hand, opponents of the rule can rest a little easier. True, the House reconciliation package is not 100% identical in this regard. It calls for a 10-year postponement of some of the most challenging requirements of the staffing mandate.

But putting something like this on the shelf for a decade? It might as well be a death sentence.

This is happening upon a backdrop of state staffing mandates facing tougher challenges, too. So providers can kick back, put their feet up and sip their favorite beverage because the problem has been all but solved, right? Not at all. 

While an ugly regulatory hurdle may be getting its burial, the main staffing challenges live on. 

Some providers and operators have said they’re having a better go of it with the pandemic in the rearview mirror. But the fact remains that providers, particularly those in rural areas, still have a hot potato on their hands.

Even if some future court action or legislative repeal fully negates the staffing rule, it must be remembered that regulations will still say that nursing homes must provide “sufficient and competent staffing.” 

Surveyors will still be scrutinizing Payroll-Based Journal data and using it to determine who gets taken to the wood shed and who doesn’t. State inspectors will be able to interpret compliance with as much, or more, discretion than ever before. 

In the end, of course, it all comes down to money. If states and federal funding sources don’t supply sufficient support to build stronger workforces, then the sector will suffer. And if things like immigration and Medicare Advantage reform don’t take place, staffing pressures will remain intense.

There is no question that a repeal of the staffing mandate would be a good thing for providers. 

But it would represent winning a battle, not the war.

James M. Berklan is McKnight’s Long-Term Care News’ Executive Editor and a winner in the Best Commentary category in the 2024 Neal Awards, which are given annually for the nation’s best specialized business journalism.

Opinions expressed in McKnight’s Long-Term Care News columns are not necessarily those of McKnight’s.