Ensuring Seniors’ Access to Quality Care Act
- Bill Number
- H.R. 7096
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-01-15: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-07-01T08:09:18Z
AI-Generated Summary
Purpose
The "Ensuring Seniors' Access to Quality Care Act" (H.R. 7096) aims to modify rules under Medicare (Title XVIII of the Social Security Act) and Medicaid (Title XIX) for approving training and competency evaluation programs for nursing aides in skilled nursing facilities and nursing facilities. The goal is to ensure that approvals are handled appropriately, potentially by refining the criteria that could disqualify a facility's programs, to support access to qualified nursing aides while maintaining care quality standards.
Key Provisions
- Amendments to Medicare (Section 1819(f)(2)): Updates the conditions under which a facility's nursing aide training programs cannot be approved by state agencies. Specifically:
- Narrows references to disqualifying factors, focusing only on subparagraph (C).
- Revises the civil money penalty threshold to at least $12,924 for quality-of-care deficiencies.
- Adds a new disqualification criterion for facilities subject to specific enforcement remedies, such as certain civil penalties, denials of payment, or temporary management.
- Amendments to Medicaid (Section 1919(f)(2)): Applies similar changes as in Medicare, including the updated penalty threshold and new remedy-based disqualifications, to align program approval rules across both programs.
- Overall Structure: The bill eliminates certain existing subprovisions (subparagraph (D) in both sections) to streamline the approval process.
Significant Changes to Existing Law
- Narrowed Disqualification Scope: Previously, approvals could be denied based on broader references to subparagraphs (C) and (D). The bill limits this to subparagraph (C) only and removes subparagraph (D) entirely, reducing the number of scenarios that block program approvals.
- Updated Penalty Amount: Increases the minimum civil money penalty for quality-of-care violations from an unspecified prior amount to $12,924, making it harder for lower penalties to trigger disqualifications.
- Addition of Remedy-Based Criteria: Introduces new grounds for denial if a facility has faced specific remedies (e.g., payment denials, civil penalties over the threshold, or facility management changes), but ties these more precisely to quality issues.
These changes refine the enforcement triggers without altering the core requirement that nursing aides complete state-approved training and pass competency evaluations before working in certified facilities.
Potential Impacts
- On Government Agencies: State survey agencies (which approve programs) and the Centers for Medicare & Medicaid Services (CMS) may see a streamlined process with fewer disqualifications, potentially reducing administrative workload. However, it could require updates to guidance and monitoring to ensure quality standards are upheld.
- On Citizens: Nursing home residents, particularly seniors relying on Medicare and Medicaid, could benefit from easier recruitment of trained aides, potentially improving staffing and care quality. However, if disqualifications are too lenient, it might risk lower standards in facilities with past violations.
- On International Relations: No direct impacts, as the bill focuses on domestic health programs.
Main Stakeholders Affected
- Nursing Facilities and Skilled Nursing Facilities: Providers may find it easier to operate in-house training programs, aiding staffing amid shortages, but must still comply with quality standards to avoid remedies.
- Nursing Aides and Trainees: Easier program approvals could increase training opportunities and job access in Medicare/Medicaid-funded settings.
- Seniors and Medicaid/Medicare Beneficiaries: Residents in long-term care facilities stand to gain from better-staffed homes, but protections against substandard care remain critical.
- State Health Agencies and CMS: Responsible for oversight, they will need to implement the changes, potentially affecting enforcement priorities.
- Bipartisan Sponsors: Introduced by Representatives Estes (R-KS) and Harder (D-CA), indicating support from both parties focused on elder care.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The amendments clarify and narrow federal enforcement under the Social Security Act, potentially reducing litigation over program denials by making criteria more specific. It upholds congressional authority over Medicare/Medicaid without conflicting with existing facility certification requirements.
- Constitutional Implications: None apparent; the bill operates within established federal spending powers for health programs and does not raise separation-of-powers or due process concerns.
- Political Implications: Addresses nursing home staffing challenges post-COVID, signaling a push for practical reforms in elder care. Referral to Ways and Means and Energy and Commerce committees suggests focus on fiscal and health policy intersections, with potential for broader debate on balancing access and accountability in understaffed facilities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Rep. Harder, Josh [D-CA-9], Rep. Smith, Adrian [R-NE-3], Rep. Walkinshaw, James R. [D-VA-11], Rep. Mann, Tracey [R-KS-1], Rep. Bentz, Cliff [R-OR-2], Rep. Bynum, Janelle S. [D-OR-5], Rep. Davids, Sharice [D-KS-3], Rep. Fischbach, Michelle [R-MN-7], Rep. Barr, Andy [R-KY-6], Rep. Hoyle, Val T. [D-OR-4]
Recent Actions
- 2026-01-15: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-01-15: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-01-15: Introduced in House
- 2026-01-15: Introduced in House
Bill Versions
- Ensuring Seniors’ Access to Quality Care Act — issued 2026-01-15 — PDF (4 pages)