Nursing Home News 2026May14

Kierstin Reed • May 14, 2026

HHS Takes Aim at De-prescribing

The Department of Health and Human Services (HHS) has announced a new initiative to curb “psychiatric overprescribing.” HHS Secretary Robert F. Kennedy, Jr. announced an action plan on May 4 aimed at preventing unnecessary initiation of psychiatric medications and supporting the tapering and discontinuation of medications for patients not experiencing clinical benefit. The plan includes three main pillars: education and outreach, program and policy, and research-to-practice initiatives. In a Dear Colleague letter also released on May 4, HHS encouraged providers to “prioritize informed consent and shared decision-making, and to regularly review the risks and benefits of psychiatric medications with patients.” HHS noted that the letter also highlighted non-pharmacological interventions and provided information on billing codes that could be used to support the delivery of evidence-based nonmedication treatments. While the HHS announcement referred several times to this initiative in relation to children and adolescents, it is worth taking note for nursing homes given the increased attention to psychotropic medications in recent years. Recall that the Centers for Medicare and Medicaid Services (CMS) released updated guidance in November 2024 that re-classified unnecessary psychotropic medications as chemical restraints, while continuing efforts to reduce the use of antipsychotic medications in nursing homes. As HHS pursues this agenda, it will be important for nursing homes to ensure they are continuing to follow requirements and best practices. Specifically, providers should pay attention to key areas of compliance such as informed consent, adequate clinical indications for use, and gradual dose reductions. Check out LeadingAge resources on psychotropic medications and preventing chemical restraints for assistance.


Building Momentum for Observation Stays Bill

LeadingAge continues advocacy on the Improving Access to Medicare Coverage Act (H.R. 3954). This bill would require all days spent in a hospital, regardless of inpatient or outpatient observation status, to count toward the three-day qualifying stay required for Medicare Part A coverage of a skilled nursing facility (SNF) stay. The House bill was originally introduced this congress by Reps. Joe Courtney (D-CT), Glen Thomspon (R-PA), Suzan DelBene (D-WA), and Ron Estes (R-KS) and currently has 33 co-sponsors. We hope to see a companion bill in the Senate soon. LeadingAge will continue working with congressional offices to build support for this and the forthcoming Senate bill.

 

Here is your NATIONAL Nursing Home Weekly Recap
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Life Safety Update
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Life Safety Update State Fire Marshal has provided a memo regarding Personal Electrical Devices in long term care settings under the preview of the Life Safety Code. This memo clarifies that residents will be able to use personal electronics (such as lamps, laptops and phone chargers) within six feet of the bed without being in violation of Section 10.4.2.2 of the Life Safety Code. These devices no longer require a three-prong or double insulated designation. Facilities must conduct an annual visual inspection and document that devices are in proper working order and are not in need of repair. An inspection must also be conducted when a resident moves in or moves to a new room within the facility. These devices can be plugged directly into the wall or into an approved power tap (60601-1 or 1363A). Extension cords and unapproved power strips should still be avoided. We appreciate the continued follow up on this concern and the willingness of the Fire Marshal to update the understanding of the use of personal electronics in long-term care settings.
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Proposed Rule Rolls Back Community Reinvestment Act Obligations. Of great concern to LeadingAge and others interested in expanding and preserving the nation’s supply of affordable housing, the Department of Treasury, Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) posted a joint rulemaking on July 31, 2026, amending the regulations implementing the Community Reinvestment Act (CRA) that could weaken investment in affordable housing and community development. The CRA was enacted in 1977 and requires federal banking regulators to encourage financial institutions to help meet the credit needs of the communities in which they do business, including in low and moderate-income (LMI) neighborhoods. In particular, a financial institution’s record of meeting the credit needs of its entire community is taken into account by federal regulators when evaluating the financial institution’s application for a deposit facility. Among the changes that the rule proposes for evaluating whether a financial institution is meeting its CRA requirements are: restricting the large bank service test to a bank’s “credit services” – i.e., lending – rather than deposit services; imposing a 15% cap on indirect costs that recipients of community development grants at large banks may incur; recalibrating asset thresholds for small, immediate, and large banks; and tailoring retail lending tests to focus only on a bank’s major product line(s). In particular, the recalibration of asset thresholds would likely reduce the number of banks incentivized to make loans and investments in affordable housing and community development, such as investing in the Low Income Housing Tax Credit (LIHTC). LeadingAge is concerned that this rule would further limit opportunities for affordable housing for older adults, and we will continue to work with our housing partners to coordinate a response in opposing this rule. While this rule has yet to be published in the Federal Register, there will be a 60 day comment period from the date of publication.
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