AHCA/NCAL Releases Statement on the End of the Public Health Emergency

For Immediate Release
May 9, 2023
Contact: AHCAPressOffice@ahca.org 

WASHINGTON, D.C. – The American Health Care Association and National Center for Assisted Living (AHCA/NCAL), representing more than 14,000 nursing homes and other long term care facilities across the country that provide care to approximately five million people each year, released a statement preceding the end of the COVID-19 Public Health Emergency on Thursday, May 11.

The following statement is attributable to Mark Parkinson, president and CEO of AHCA/NCAL:

“This pandemic took an enormous toll on our staff and residents, and we will forever carry in our hearts the hundreds of thousands of lives in long term care that were lost due to this vicious virus. It is a relief to know that we are well on the other side of this clinical nightmare thanks to lifesaving vaccines, therapeutic treatments, and our amazing providers and caregivers who didn’t give up even during the most challenging times. Our nation’s public health response has come a long way since 2020, and we now have the tools to help protect our precious seniors.

“The Public Health Emergency waivers have been a critical lifeline, as nursing homes have struggled to keep their doors open and fight against an unprecedented, once in a century crisis. We appreciate the support we have received from the Administration and the time they have granted providers to prepare for these changes. As we move forward, we will carry on advocating to eliminate Medicare’s three-day-stay requirement and creating a realistic career pathway for temporary nurse aides. We will also maintain our commitment to educating and encouraging our residents and staff on the importance of staying up to date on their COVID-19 vaccinations.

“The Public Health Emergency may be ending, but the recovery from the pandemic continues. For long term care, that recovery has been slow, especially in rebuilding our workforce. Our main priority is to encourage Congress and the Administration to make meaningful investments that will help us attract and retain a pipeline of caregivers and protect access to care for our nation’s seniors. Nursing homes cannot solve this crisis on their own, and we will continue to urge policymakers to pass supportive policies that prepare for a growing elderly population.” 

Following the end of the PHE waivers, AHCA/NCAL will continue to prioritize:

• Eliminating the three-day-stay requirement: For years, AHCA/NCAL has advocated to eliminate Medicare Part A’s three-day-stay requirement or recognize observation stays as qualifying stays. Seniors who receive care in the hospital, regardless of their inpatient or observation designation, must be able to access post-acute care in a skilled nursing facility when they need it without fear of considerable out-of-pocket costs. Eliminating this policy best meets the beneficiary’s access to care needs, reduces out-of-pocket costs, and is fiscally prudent for the Medicare Trust fund. 

• Support of the Building America’s Health Care Workforce Act: Starting May 11, temporary nurse aides in nearly 20 states and hundreds of nursing homes will have only four months to earn their certified nursing assistant (CNA) certification, but many states are experiencing training and testing backlogs. Thousands of direct caregivers may be out of a job if they can’t complete their certification in four months. The profession is already facing a historic labor crisis, and residents deserve continuity of care. Congress should pass the Building America’s Health Care Workforce Act, which gives temporary nurse aides a more realistic path – 24 months – to earn their certification and build a permanent career in long term care.

• Policies and programs that invest in our workforce: Rather than unfunded staffing mandates, AHCA/NCAL has laid out comprehensive solutions to bolster the long term care workforce and build a pipeline of caregivers in the Care For Our Seniors Act,which includes: common-sense immigration reform that increases opportunities for foreign-born individuals to work in the long term care profession;loan forgiveness for new graduates who work in long term care;assistance programs for caregivers, such as affordable housing, housing down payments and childcare;direct incentives to states that invest in nursing education programs; andcareer ladder scholarships that would encourage staff to become registered nurses, among others.

Learn more about the Care for Our Seniors Act here.

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ABOUT AHCA/NCAL

The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) represents more than 14,000 non-profit and proprietary skilled nursing centers, assisted living communities, sub-acute centers and homes for individuals with intellectual and development disabilities. By delivering solutions for quality care, AHCA/NCAL aims to improve the lives of the millions of frail, elderly and individuals with disabilities who receive long term or post-acute care in our member facilities each day. For more information, please visit www.ahcancal.org.

Pandemic Waivers Set to Expire on May 11, Will Drastically Affect Oklahoma’s Nursing Homes

As the COVID-19 pandemic continues to recede in the United States, nursing homes are bracing themselves for the end of pandemic waivers that have helped them operate during this crisis. According to a Bloomberg Law report, many of these waivers are set to expire as early as May 11, posing significant challenges for nursing homes.

During the pandemic, nursing homes were granted waivers to relax certain regulations, allowing them to operate in ways that more easily accommodated for the hardships brought by the pandemic. For example, they were able to waive regulations that furthered long term care provider’s access to labor, lessened the financial hardship, and implement telehealth services. These waivers were intended to help nursing homes manage the increased demand for care and keep residents and staff safe during the pandemic.

However, with the end of the pandemic’s emergency status, these waivers are set to expire, leaving nursing homes to navigate a new regulatory environment. For many nursing homes, this may mean returning to pre-pandemic regulations, which could make it difficult for them to continue operating effectively. In a time where nursing homes are already underfunded and understaffed, this creates additional hurdles to overcome when providing quality care for seniors across the country – and in Oklahoma. 

One of the biggest challenges that nursing homes will face is related to staffing. During the pandemic, nursing homes were able have easier access to nursing staff, prioritizing staffing levels over regulatory restrictions to help meet the increased demand for care. However, with the end of the waivers, nursing homes will need to return to pre-pandemic staffing levels and regulations, creating difficulties for nursing homes looking to meet sufficient staffing requirements to meet the needs of residents. In addition to staffing challenges, nursing homes will also face financial implications with the end of pandemic waivers. Many facilities invested in additional staff, personal protective equipment, and other resources to manage the pandemic. With the end of the waivers, these expenses will continue, but without the financial assistance that the waivers provided.

It is important to note that the expiration of these waivers does not mean that nursing homes will be returning to a completely pre-pandemic regulatory environment. Many of the changes that were implemented during the pandemic, such as telehealth services, are likely to continue. However, nursing homes will need to navigate new burdensome regulations as they move forward, taking time and energy away from providing senior care.

As we consider the challenges that nursing homes will face in the coming weeks and months, it is important to remember that these facilities provide an essential service to our communities. Nursing homes care for some of our most vulnerable populations, including elderly individuals and those with chronic health conditions. It is critical that we support these facilities as they navigate new regulations and work to ensure the safety and well-being of their residents.

In Oklahoma, the state government has been taking steps to support nursing homes during the pandemic. In March 2021, the Oklahoma State Department of Health announced that it would be partnering with long-term care facilities to provide COVID-19 vaccines to residents and staff. This partnership helped to ensure that the most vulnerable members of our communities were able to receive the vaccine and stay safe during the pandemic.

Moving forward, it will be important for state and local governments to continue supporting nursing homes as they navigate the challenges of the post-pandemic world. This may include providing financial assistance, offering training and education to staff, and implementing policies that support the well-being of nursing home residents. Oklahoma Health Action Network has been advocating for nursing homes throughout the state, looking to push the legislature to increase funding and close the gap in Medicaid assistance – $54/day per patient – through state investment. Help OHAN support our seniors by joining the coalition and making your voice heard today.

 The end of pandemic waivers poses significant challenges for nursing homes in Oklahoma. As we move forward, it is critical that we support these facilities and the essential services they provide to our communities. By working together, we can ensure that nursing homes continue to provide high-quality care to those we love most.

To read more on the upcoming removal of COVID-19 waivers, visit Bloomberg Law