Pulse on the Polls - What’s at Stake: Health Care, Senior Care, and Senior Housing
Pulse on the Polls - What’s at Stake: Health Care, Senior Care, and Senior Housing
As the 2024 presidential election approaches, Hanson Bridgett is examining what’s at stake for businesses in California and beyond. In this article, we highlight two issues of importance to providers of health care, senior care, and senior housing that could be influenced by the presidential vote.
PLEASE NOTE: This content is not meant to inform voting decisions or serve as a voter guide in any way. We aim to provide timely, objective, and legally grounded pre- and post-election analysis on select issues and outcomes that may impact our business and client community. While we recognize and are sensitive to the deeply personal beliefs and highly emotional responses associated with the presidential election, the issues at stake, and the candidates themselves—our focus strictly pertains to identifying and analyzing potential market trends and outcomes relating to our practices without advocating for any political party or candidate.
When this presidential race began in earnest, it featured two candidates over 75 years of age, one of whom exited amid concern over his capacity to lead the nation. That’s hardly the only way that the concerns of seniors have figured into it. In recent weeks, Kamala Harris made waves with a proposal to expand Medicare to cover in-home care. The Trump campaign responded with a statement that he would likewise “prioritize in-home care benefits.”
In the related area of health care, Trump made opposition to the Affordable Care Act a pillar of his 2016 run for the presidency. This cycle, the ACA came up in the candidates’ lone debate, when Trump noted that he has “concepts of a plan” to make the ACA better and less expensive.
Here are two issues relating to senior care that could be significantly affected by the outcome of the presidential election.
Skilled Nursing Regulation
In April, Vice President Harris announced the Biden administration’s new rules requiring minimum staffing levels at nursing homes. (Although this was long before Harris became the Democratic nominee, she paired the announcement with a trip to a nursing home in the battleground state of Wisconsin.) Among other things, the rules establish a minimum number of hours that staff members must spend with residents and also require a registered nurse to be present at all hours.
A Trump presidency could terminate these rules, which industry groups have opposed. In September, Congressional Republicans had support for a vote to overturn them but held off only because of the certainty of a veto by President Biden. Even if Trump does not win in 2024, his influence could still be felt. He shaped the Supreme Court that eliminated the “Chevron” deference that federal courts formerly gave to agency rules, and the American Health Care Association has already filed a challenge to the staffing mandate before a Trump-appointed judge.
Senior Care Workers
Companies across many industries—like healthcare and construction—face a labor shortage. It is expected to become particularly acute for providers of senior care as baby boomers continue to age and older Americans reach 20% of the overall population by 2030.
Immigrants have alleviated that staffing shortfall; they account for a full quarter of all care workers at nursing homes. Policymakers have introduced innovative programs in recent years to help immigrant labor further fill the need for nurses and other caregivers. The Healthcare Workforce Resiliency Act, for instance, would distribute up to 40,000 unused employment visas to immigrant nurses and physicians.
Harris has generally supported efforts to make up the shortage of workers, including an investment of $1.5 billion under the American Rescue Plan to build up the healthcare workforce. Trump’s history of limiting skilled immigration and his vow to undertake the largest mass deportation in U.S. history suggest he would not support efforts to increase immigrant labor available to senior care facilities.
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