On Feb. 12, Sen. Ron Wyden (D-Ore.) and six other misguided “D” senators introduced a minimum staffing bill that mirrored the failed Biden proposal. It includes the same impossible-to-achieve requirement of an RN being on-duty 24/7. Apparently, it doesn’t matter to them that there are large parts of America where there aren’t enough RNs to make this work. 

Like the Biden proposal it also contains no funding to meet the various requirements. And, just to add a little spice to the introduction, the press release contained the usual language about how bad we are.

Zero Chance of Passing

Here is the good news. There is a zero percent chance of Congress passing this bill. Zero.  Why? First, Ds don’t control the Senate. This bill may not even get a hearing. Second, even if they did, there are more than a handful of Senate Ds who understand that it’s not a good idea to pass requirements that can’t be met. This bill won’t get 51 votes, let alone the 60 it would need under normal Senate rules. 

In fact, it’s notable that Senator Wyden was only able to convince six of his colleagues to sign on to the bill. Wyden is the ranking D on the Senate Finance Committee (SFC) and stands to chair it if Ds take control. The SFC has jurisdiction on this issue. Normally, a chair or ranking member would attract significant support for any new legislation. Six is noticeably weak. 

We Want More Staff, Too

The problem is that our opposition to the Wyden bill will once again put us in the position of being the bad guys. We aren’t. In fact, the sector has pushed for more staffing. We agree that having more RNs in buildings is a good thing. Particularly on the day shift when the need is greatest. We agree that we need more infection control preventionists in buildings.  As a result, the American Health Care Association has consistently proposed mandating these additional requirements, IF the funding is there. 

That is no small thing. For a provider group to agree to additional requirements is rare.  Unfortunately, instead of working with us to truly improve care, Senator Wyden and others continue to occupy our efforts with proposals that are impossible and will never happen.

Please, please, focus on whatever you are doing, and not this. The Wyden mandate isn’t going to happen.