Nursing Home News 2025Dec04

Kierstin Reed • December 3, 2025

Advocacy WIN! CMS Repeals Nursing Home Minimum Staffing Standards

An interim final rule repealing the nursing home minimum staffing standards was released to the Federal Register on December 2. Read the LeadingAge press release on this interim final rule here. It is important to note that the rule released on December 2 does not repeal the entire rule that was finalized in May 2024. The interim final rule repeals only the staffing standards portion of the May 2024 rule. Requirements for enhanced Facility Assessment and Medicaid payment transparency reporting remain in effect. The December 2 rule includes a comment period for soliciting public feedback, ending in early February. It is likely that we will see a rule proposed in the future that addresses nursing home staffing in some way; CMS will use comments received on this interim final rule to guide future rulemaking. For more information on this interim final rule and the life of the minimum staffing standards, check out the LeadingAge serial post.

CMS Releases New Resources Following CMPRP Revisions

Following the September 29 revisions to the Civil Money Penalties Reinvestment Program (CMPRP), the Centers for Medicare & Medicaid Services (CMS) released several new resources to assist providers in applying for CMPRP funding. Resources are available in the “Downloads” section on the CMS webpage and include a new standardized application and budget attachment; a comprehensive application handbook that includes information on allowable expenses, tips on completing applications, and a sample project application; a Frequently Asked Questions document; and a new resource that discloses available CMPRP funds by state. While LeadingAge had hoped program revisions would include expansions to allow program funds to be used for telemedicine supplies, we are pleased that project expansions include behavioral health and workforce development and will continue to address technology needs with CMS. We appreciate the updated resources and encourage members to access these funds for projects improving quality of care and quality of life for nursing home residents.

CMS Memo Answers Survey & Cert Questions

The Centers for Medicare & Medicaid Services (CMS) released a memo November 24 answering common questions about survey and certification recovery following the federal government shutdown that ended November 12. CMS announced that all survey and certification activities have resumed without limitation. State survey agencies will receive funding for the first quarter of FY 2026 and the first 30 days of the second quarter at rates equivalent to FY 2024 funding. The Continuing Resolution signed on November 12 also includes an additional $2 million to fund hospice recertification surveys under the IMPACT Act through January 30, 2026. As anticipated, state licensure surveys, which were permitted to continue during the federal government shutdown, will not be counted as federal certification surveys and federal certification surveys will still need to be completed, as will any lower-level complaint investigations that were completed during the shutdown under state licensure. Surveys that were in process when the shutdown began will resume and CMS clarified that a new survey does not need to be initiated, though resident/patient samples and other tasks may need to be updated. For surveys in which the team had exited but a CMS-2567 Statement of Deficiencies was not issued before the shutdown, state agencies must issue the CMS-2567 by December 12. Exit dates may be adjusted to match either the date that the CMS-2567 is issued or the date of compliance alleged by the provider, provided the state agency can validate that compliance was achieved by that date. Enforcement cycles, including dates for civil money penalties or Denials of Payment for New Admissions, may also begin with the adjusted exit date. For more information, check out QSO-26-02-ALL

CMS Finalizes Rules Eliminating Inpatient Procedure List, Without Changes to SNF Access

The Center for Medicare & Medicaid Services (CMS) will publish its final Calendar Year 2026 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1834) in the Federal Register on November 25. This final rule includes a provision for a three-year phase out 1700 plus surgical procedures from the “inpatient only list.” This change will allow physicians to authorize these procedures to be provided in an outpatient hospital, ambulatory surgical center setting or an inpatient hospital. Unlike current policy, these procedures will now be covered under Medicare in any of these settings. The phase out will begin January 1, 2026, by eliminating 285 primarily musculoskeletal procedures from the inpatient only list and adding most of them to the Ambulatory Surgical Center Covered Procedures List, shifting them to outpatient status. If a patient’s physician opts for these procedures to be provided outpatient, it eliminates the patient’s ability to access skilled nursing facility (SNF) services following the procedure as a Medicare covered service because there is no 3-day inpatient hospital stay. CMS responded to LeadingAge’s concerns about these potential impacts on beneficiaries’ access to SNF care saying they expect physicians to only approve these procedures for outpatient surgery in cases where their person will be able to return home without services or with home health services. It will be important for SNF members to track their admission patterns beginning January 1, 2026, to see if they experience a steep decline in admissions for musculoskeletal procedures. LeadingAge will continue to advocate for changes to the law regarding the 3-day inpatient hospital stay eligibility requirement. See LeadingAge’s article on the proposed rule for additional background and recommendations we proposed CMS adopt to remedy this limit on use of SNF services.

New White Paper Assesses Impact of Long-Stay Antipsychotics Measure

A new white paper released by Project PAUSE on November 19 assesses the impact of the Nursing Home Care Compare long-stay antipsychotics quality measure on access to appropriate treatment for nursing home residents experiencing neuropsychiatric symptoms related to Alzheimer’s and related conditions. The report asserts several unintended consequences of the measure, including a failure to distinguish between appropriate and inappropriate antipsychotic usage and a failure to reflect current clinical practice guidelines and makes recommendations to CMS for addressing these issues through revision or removal of the quality measure. Project PAUSE is a multi-stakeholder coalition, of which LeadingAge is a member, collectively advocating on regulatory issues related to the diagnosis and management of neuropsychiatric symptoms in dementia in long-term care. Learn more about Project PAUSE here.


A new white paper released by Project PAUSE on November 19 assesses the impact of the Nursing Home Care Compare long-stay antipsychotics quality measure on access to appropriate treatment for nursing home residents experiencing neuropsychiatric symptoms related to Alzheimer’s and related conditions. The report asserts several unintended consequences of the measure, including a failure to distinguish between appropriate and inappropriate antipsychotic usage and a failure to reflect current clinical practice guidelines and makes recommendations to CMS for addressing these issues through revision or removal of the quality measure. Project PAUSE is a multi-stakeholder coalition, of which LeadingAge is a member, collectively advocating on regulatory issues related to the diagnosis and management of neuropsychiatric symptoms in dementia in long-term care. Learn more about Project PAUSE here.


Here is your NATIONAL Nursing Home Weekly Recap

By Kierstin Reed • October 1, 2026
HUD Report Highlights BABA Implementation, Monitoring Issues. On September 10, the Department of Housing and Urban Development (HUD) published a report by its own oversight entity, the Office of the Inspector General (OIG), evaluating the agency’s implementation of Build America, Buy America (BABA) requirements throughout HUD programs. The Buy America Preference within BABA requires federal agencies to limit federal infrastructure spending unless the iron, steel, manufactured, and construction products used were domestically sourced in the U.S., which has proven infeasible for LeadingAge members developing new affordable housing units. The report, titled “HUD Needs to Improve its Monitoring of the Buy America Preference of the Build America, Buy America Act,” called out HUD’s lack of compliance monitoring for BABA; OIG recommends that HUD designate an official responsible for overseeing BABA implementation and consistency across HUD program offices. BABA is applicable to four HUD program offices, including the Office of Multifamily Housing Programs, which administers the Section 202 Supportive Housing for the Elderly program, as well as the Green and Resilient Retrofit Program (GRRP), both of which are subject to BABA requirements. LeadingAge continues to urge HUD and Congress to fully exempt affordable housing developments from the Buy America requirements because they are too difficult to execute and the original statute did not intend to BABA requirements to affordable housing. HUD Publishes LeadingAge-Driven Flexibilities on Emergency Call Systems. On September 10, the Department of Housing and Urban Development (HUD) published new guidance, driven by concerns shared by LeadingAge, to create more flexibility within emergency notifications system requirements for affordable senior housing providers. Previously, the agency required owners of certain HUD-assisted senior housing communities to operate emergency call systems in independent living units, which could be used by residents to call for aid in the case of an emergency, like a fall or a medical event. However, LeadingAge members consistently reported issues with the call systems, including residents misusing the systems and property insurance providers limiting whole-building coverage because of the perceived liability risk associated with the medical nature of the emergency notification devices and systems. Further, many residents reported to housing providers that they prefer to utilize personally-worn emergency devices and view the property call system as overreach by housing providers. In its new guidance, HUD makes the systems optional and encourages owners to conduct wellness checks instead, which many LeadingAge affordable housing providers already do. LeadingAge confirmed with HUD that the removal of the now optional emergency notification systems is a project-eligible expense. We applaud HUD for addressing the concerns of senior housing communities, and we will work with our membership to ensure the highest quality of housing for HUD-assisted residents. Here is your weekly Affordable Housing Weekly Recap.
By Kierstin Reed • October 1, 2026
LeadingAge and Hospice Advocates Meet with OMB and DEA on Final Teleprescribing Rule
By Kierstin Reed • October 1, 2026
Federal District Court Vacates Multiple Provisions of HHS' Section 504 Rule Relating to the Integration Mandate
By Kierstin Reed • October 1, 2026
Coalition Partners to Host Webinar on El Salvador TPS. As many LeadingAge members know firsthand, the future of Temporary Protected Status (TPS) is creating significant uncertainty for employees, employers, and communities across the country. Two LeadingAge coalition partners – WorkPermits.US and the American Business Immigration Coalition (ABIC) – will host a virtual webinar on Thursday, September 17 at 3p ET that will provide U.S. employers with critical updates regarding the status of work authorization for Salvadoran employees with TPS. As of September 9th, El Salvador TPS is still in place , pending the government's decision on whether to extend the program. Nonetheless, for employers, changes to TPS can have real consequences for workforce stability, employee retention, recruitment, and business operations. It is important for employers to understand what these changes mean, what responsibilities they have, and how they can support their employees with TPS. During the virtual webinar, expert panelists will cover compliance responsibilities, employer legal obligations, and actionable advocacy steps to protect essential workers. Register here if interested in this topic, and as always, reach out to Associate Director for Immigration Advancement Shane Myers if you have questions or concerns. Here is your weekly Workforce Weekly Recap
By Kierstin Reed • October 1, 2026
ICAP Respiratory Guidance Updates
By Kierstin Reed • October 1, 2026
LeadingAge Assisted Living Study Underway Participation is officially open for the 2026-2027 Assisted Living Salary & Benefits Study . Now in its 29th consecutive year, the national survey is conducted by HCS in cooperation with LeadingAge . Below is a brief overview on the study: Submission Deadline : November 9th Report Publication : January 2027 LeadingAge Participant Pricing: $190 (pre-paid) / $210 (billed) vs. $400 non-participant rate Questionnaire Download : www.hhcsinc.com Below is a full press release with survey links to share with members. Kindly confirm receipt. Thank you! 2026 HCS Assisted Living Salary & Benefits Study Underway Hospital & Healthcare Compensation Service (HCS) is conducting its annual Assisted Living Salary & Benefits Study and requests your participation. Assisted Living/Personal Care/Residential Care providers are invited to complete and submit the study questionnaire by November 9th. The national study is published by HCS in cooperation with LeadingAge . There is no cost to participate. Survey respondents receive a substantial discount, with options to purchase the final results for $190 (pre-paid) or $210 (billed), compared to the $400 non-participant rate. Questionnaires are available for download on the HCS website at: www.hhcsinc.com . The results will be published in January 2027. Last year’s Report contained data from 1,057 communities nationwide. The results cover salaries, bonuses, and hourly rates for 50 positions, with data reported regionally by bed-size, profit type, and revenue, as well as by state and CBSA. The report also covers 18 fringe benefits, including health/dental/vision insurance, PTO/time-off policies, 401(k) plans, and educational assistance, while also covering critical metrics like turnover rates, granted/budgeted salary increases, shift differentials, and sign-on bonuses. If you should have any questions, or find you need additional time beyond 11/9 to submit your data, please contact Rich Cioffe at rjcioffe@hhcsinc.com , (201) 405-0075, ext. 10. HCS publishes ten annual compensation studies. Nationally known, their reports are recognized as the standard for reliable, comprehensive, and affordable compensation data for healthcare. Thank you for your continued support! Here is your Life Plan Community Weekly Recap .
By Kierstin Reed • October 1, 2026
PBJ Submissions- CMS Releases “Non submitter list” CMS reached out last week with a list of nursing homes that have not yet registered to submit PBJ data through iQIES. We are pleased to report there are NO LeadingAge Nebraska Nursing Homes on this list. On August 17, all PBJ submissions transitioned to iQIES and FY 2026 Quarter 4 data, due on November 14, must be submitted through this system. Nursing homes must request access through iQIES and be approved by the Provider Security Official in order to submit data. This process can take weeks, especially if the Provider Security Official is no longer working at the nursing home and a new one must be registered. Nursing homes are encouraged to follow the steps outlined in the CMS memo MA Disenrollment of SNF Residents in the Spotlight The Center for Medicare Advocacy reports that nursing homes are disenrolling residents from their Medicare Advantage plans without their knowledge and that the Centers for Medicare and Medicaid Services (CMS) have long-standing guidance that reinforces that these changes should only be initiated by the beneficiary or their authorized representatives. LeadingAge reminds members that such disenrollment actions by nursing homes can result in survey tags and investigations for fraud and abuse, while also can have wide-ranging implications for the beneficiaries. More details can be found in this LeadingAge article including links to the two CMS memos that outline what is permitted and the required steps that must be taken if nursing homes opt to assist beneficiaries and families with these decisions. CMS Updates HAI Measure to Include Claims Data. The Centers for Medicare & Medicaid Services (CMS) released an update to the Skilled Nursing Facilities (SNF) Quality Reporting Program (QRP) measure technical specifications on September 24, re-specifying the Healthcare-Associated Infections (HAI) Requiring Hospitalization measure. This measure will now include Medicare Advantage (MA) encounter data in addition to the Medicare Fee-for-Service data that was already included in calculations. The measure specifications also include updates to risk adjustment based on the inclusion of this data. Read the updated specifications in the technical specification report, available in the Downloads section of the SNF QRP Measures and Technical Information page. New HUB Resource for Hospice Care in Nursing Homes. LeadingAge is incredibly excited to share our new resource to help providers better coordinate care for nursing home residents receiving hospice services, Hospice Care in Nursing Homes: A Shared Responsibility. The education resource reviews five sections, relationship and communication processes, regulation and reimbursement including regulatory co-management expectations, navigating complex scenarios, care coordination, and tools for building contracts, which were developed from a series of listening sessions with both hospice and nursing home members. LeadingAge Comments on Proposed Medicaid Provider Tax Rule On September 21, LeadingAge submitted comments to the Centers for Medicare and Medicaid Services (CMS) on its proposed rule , Medicaid Program; Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes. In our comments, we make the case that the proposed rule extends CMS’ obligation to implement section 71115 of 2025’s HR 1, which modifies Medicaid health care-related (provider) tax rules, beyond the statutory text in key ways. LeadingAge urges CMS to realign its rulemaking in a manner that minimizes burden and financial exposure for both providers and states. Upon release of the proposed rule, we provided this article , touching on the relevant provisions in the rule. We dig deeper and urge CMS restraint in five key areas in our comments .
By Kierstin Reed • October 1, 2026
 FRIENDS OF LEADINGAGE NEBRASKA PAC - We need your support!
By Kierstin Reed • September 24, 2026
HUD Report Highlights BABA Implementation, Monitoring Issues. On September 10, the Department of Housing and Urban Development (HUD) published a report by its own oversight entity, the Office of the Inspector General (OIG), evaluating the agency’s implementation of Build America, Buy America (BABA) requirements throughout HUD programs. The Buy America Preference within BABA requires federal agencies to limit federal infrastructure spending unless the iron, steel, manufactured, and construction products used were domestically sourced in the U.S., which has proven infeasible for LeadingAge members developing new affordable housing units. The report, titled “HUD Needs to Improve its Monitoring of the Buy America Preference of the Build America, Buy America Act,” called out HUD’s lack of compliance monitoring for BABA; OIG recommends that HUD designate an official responsible for overseeing BABA implementation and consistency across HUD program offices. BABA is applicable to four HUD program offices, including the Office of Multifamily Housing Programs, which administers the Section 202 Supportive Housing for the Elderly program, as well as the Green and Resilient Retrofit Program (GRRP), both of which are subject to BABA requirements. LeadingAge continues to urge HUD and Congress to fully exempt affordable housing developments from the Buy America requirements because they are too difficult to execute and the original statute did not intend to BABA requirements to affordable housing. HUD Publishes LeadingAge-Driven Flexibilities on Emergency Call Systems. On September 10, the Department of Housing and Urban Development (HUD) published new guidance, driven by concerns shared by LeadingAge, to create more flexibility within emergency notifications system requirements for affordable senior housing providers. Previously, the agency required owners of certain HUD-assisted senior housing communities to operate emergency call systems in independent living units, which could be used by residents to call for aid in the case of an emergency, like a fall or a medical event. However, LeadingAge members consistently reported issues with the call systems, including residents misusing the systems and property insurance providers limiting whole-building coverage because of the perceived liability risk associated with the medical nature of the emergency notification devices and systems. Further, many residents reported to housing providers that they prefer to utilize personally-worn emergency devices and view the property call system as overreach by housing providers. In its new guidance, HUD makes the systems optional and encourages owners to conduct wellness checks instead, which many LeadingAge affordable housing providers already do. LeadingAge confirmed with HUD that the removal of the now optional emergency notification systems is a project-eligible expense. We applaud HUD for addressing the concerns of senior housing communities, and we will work with our membership to ensure the highest quality of housing for HUD-assisted residents. Here is your weekly Affordable Housing Weekly Recap.
By Kierstin Reed • September 24, 2026
CMS' Technical Error in Final FY27 Hospice Wage Index
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