Sunday after church in a nursing home in Nacogdoches, Texas, a kind grandmother sits with a warm smile as her husband tells her grandchildren stories about the early years, the hard work, and the family values that shaped this great state. doing.
In the next room, caregivers adjust blankets, say kind words, and show familiar faces.
For so many Texans, these aren’t just facilities, they’re communities. A place where lifelong connections are valued, where care goes beyond physical care, and where dedicated staff know each resident’s personal story as well as theirs. is.
Thousands of Texas families rely on these facilities for the care of their loved ones, but unfortunately, as we know, new federal mandates have forced long-term care to survive. is under threat.
Frankly, hundreds of these critical facilities are facing closure.
As the Texas Health Care Association (THCA) fights to protect long-term care professionals, their residents, and the families they serve, we are unable to stop the threat to some of Texas’ most important health care institutions. I want the public to know that we are in the middle of a fight against federal government overreach. Vulnerable populations are put at risk.
In April, the federal government finalized new rules that would create the first-ever minimum staffing requirements for nursing homes nationwide. It may sound good, but the reality is harsh.
It’s no secret that there is currently a shortage of nurses, and long-term care facilities are struggling to recruit and retain qualified staff. THCA is a leading force in the Texas Legislature working to solve this problem. Every day, we advocate for changes that expand the reach and capacity of the long-term care workforce and improve the quality of care in Texas.
A one-size-fits-all approach like this mandate from the federal government is not the answer. In fact, it would be virtually impossible to implement and risks upending the entire industry.
The cost to long-term care providers in Texas is estimated to be more than $725 million, and the federal government has not provided additional funding to help with this fiscal crisis. Despite serious efforts to increase staffing in recent years, more than two-thirds of nursing homes in the state currently do not meet the new requirements. A federal mandate will not magically change the reality of staffing these facilities.
The truth is, even if facilities and health care providers had the funds to hire additional nurses, Texas does not have enough nurses to meet these onerous uniform requirements. The state will need 12,705 more caregivers.
I have seen long-term care providers strive to increase staffing levels and improve quality of care. We have seen honest efforts being made to recruit and retain staff. The care of our residents is our top priority.
This new rule requires nursing homes to hire more care workers, as if lack of effort is the reason for not hiring more staff. However, as of March, 99% of nursing homes surveyed were hiring, and 89% of those were actively recruiting RNs, according to the Department Status Report (1). Additionally, 94% of facilities report difficulty recruiting new employees, with 67% citing a lack of interested and qualified candidates as one of their biggest obstacles.
That’s why THCA is leading the charge in court against the federal government’s devastating staffing mandates. Along with our national partner the American Healthcare Association (AHCA) and a small number of private health care providers, we are suing to end the unfunded staffing mandate.
The implication that long-term care facilities are simply not trying hard enough is completely false. Data shows nursing homes have raised wages, offered bonuses, including signing bonuses, and provided internal promotions and training within the past six months. But that’s not enough. Nationally, there are still 112,00 fewer nursing home employees than in February 2020. (2)
Nursing homes are already having to turn away new residents or close their doors due to staffing shortages. This false mandate will force nursing homes to turn away even more families.
Texas Attorney General Ken Paxton also filed a lawsuit in August, arguing that compliance with the new rules would require more than 10,000 nurses to be employed at night, and that these requirements would impose certain restrictions on local facilities. Highlighted the damage.
If the federal agency responsible for this rule cared about population care, it would listen to stakeholders who warn of the dangers of this policy. Now the agency is listening to us in court.
At the end of the day, this fight is not just about policy or the courts, it’s about protecting the people who have given so much to our communities and the places they now call home.
Our commitment to Texas families and the dedicated staff who care for them is deep and we will continue to work to protect them with the support, resources, and stability they deserve. Together, we can ensure that nursing homes remain as comfortable and dignified community places as they have always been.
Editor’s note: The above guest column was written by Travis Clardy, president and CEO of the Texas Health Care Association. This column is published in the Rio Grande Guardian with the permission of the author.
(1) https://www.ahcancal.org/News-and-Communications/Fact-Sheets/FactSheets/AHCA%20State%20of%20the%20Sector%202024.pdf
(2) https://www.ahcancal.org/Data-and-Research/facts/Pages/default.aspx#workforce
