Friday, December 5, 2025

Nursing Home Ownership Transparency: CMS's New Rule Promises Accountability, But Is It Enough for Seniors and Families?


In a long-overdue move toward accountability, the Centers for Medicare & Medicaid Services (CMS) is ramping up requirements for nursing homes to disclose detailed ownership information, a step experts say could lead to more targeted audits and enforcement actions against facilities that deliver substandard care. The rule
requires skilled nursing facilities (SNFs) to submit comprehensive ownership data through the Medicare Provider Enrollment, Chain, and Ownership System (PECOS). Starting January 1, 2026, providers must identify not just direct owners but also influential business associates and related parties, with this information feeding into public tools like Care Compare by summer 2026. For readers of the Aging-in-Place Planning and Elderlaw Blog, this development is a double-edged sword: It holds promise for weeding out problematic operators, but its actual impact on quality and consumer choice remains uncertain amid implementation hurdles and historical enforcement gaps. We've addressed the topics of ownership and for-profit/non-profit many times,  but there is no more effective planning than proactive prevention.  In the worst cases, we offer readers tips, tricks, strategies, and tools to evaluate risk factors such as ownership and select the 'best' of available care options. This article introduces the new rule's key elements, evaluates whether it's a meaningful reform or mere window dressing, and offers strategies for seniors and families to leverage it while steering toward the safer shores of aging in place.
The Rule in a Nutshell: What CMS Is Requiring and Why Now
The CMS ownership transparency rule, finalized in late 2024 after years of delays, requires nursing homes participating in Medicare or Medicaid to update their enrollment forms (CMS-855A) with granular details on ownership structures. This includes:
  • Direct and Indirect Owners: Anyone with a 5% or more ownership stake, including private equity firms or REITs.
  • Related Parties and Associates: Managers, board members, and entities with financial influence, even if not formal owners.
  • Revalidation Process: Facilities must resubmit data off-cycle, with the first wave due January 1, 2026, and ongoing updates every 30 days for changes.
The goal? Shine a light on opaque chains that operate hundreds of homes, where ownership complexity has shielded poor performance. CMS will integrate this data into Care Compare, allowing consumers to see links between owners and quality ratings. The rule stems from post-COVID scrutiny, in which OIG audits revealed that 24% of facilities failed staffing standards amid ownership shifts.Meaningful Reform or Window Dressing? A Critical Look
On paper, the rule is a win for transparency.  Even if the federal government gridlocks or slows the pace of reform to a standstill, states appear to be stepping in "just in case," considering bills and regulations that force transparent ownership, with Maine and Oregon leading the way. 
But critically, it's window dressing without teeth: Implementation delays (from August 2024 to January 2026) and vague "influential associate" definitions burden providers without guaranteeing action. For seniors considering facilities, it may flag risks, but it's unlikely to prevent falls or ensure sufficient staffing levels. Besides, the industry's history is a pattern of short-term improvement after regulators shine a light on a facility's substandard quality, followed soon afterwards by a return to the same substandard quality that first caught regulators' attention.  Ultimately, it's meaningful for informed choice but insufficient for systemic change, reinforcing why aging in place outshines institutional care.Conclusion: Transparency as a Tool, Not a Panacea
CMS's ownership rule is a step toward light in dark corners, but families deserve more. While this article has provided a thorough overview of the developments and strategies, it is by no means comprehensive. The landscape evolves rapidly. Readers must remain vigilant. By combining awareness with proactive planning, families can safeguard independence and thrive as they age in place. For support, consult a professional.  Your security depends on proactive engagement.

Thursday, December 4, 2025

The Death of Nursing Home Staffing Mandates: What It Means for Seniors, Families, and the Future of Care


In a move hailed as a "milestone victory" by the nursing home industry, the U.S. Department of Health and Human Services (HHS) has fully repealed the Biden administration's controversial minimum staffing rule for skilled nursing facilities, eliminating requirements that could have reshaped care quality for millions of residents. As reported by Kimberly Marselas, writing for  McKnight's Long-Term Care News, the repeal, effective 60 days after publication in the Federal Register, nullifies the 2024 rule's core mandates for 3.48 hours of nursing care per resident per day (including 0.55 hours from a registered nurse and 2.45 hours from a nurse aide) and a 24/7 onsite RN. For providers, it's a relief from what they called an "unrealistic" burden amid labor shortages; for seniors and families, it's a sobering reminder that we're back to square one in a chronically understaffed system where 24% of facilities fail federal standards

As readers of the Aging-in-Place Planning and Elderlaw Blog know, this development doesn't just highlight institutional care's vulnerabilities; it strengthens the case for aging in place, where family coordination and proactive planning can prevent the 2.5 times higher risk of institutionalization due to caregiver overburden and avoid the need for and risks of institutional care. This article explains the rule's resolution, why it was so divisive, the real-world implications for consumers in an understaffed landscape, and, beyond the obvious push for home, practical paths forward to demand better care wherever you choose.

The Staffing Mandate's Demise: A Timeline of Controversy and Relief
The 2024 staffing rule, finalized by CMS after years of debate, was born of undeniable crises related to understaffing.  It mandated 3.48 total nursing hours per resident daily,0.55 from RNs and 2.45 from aides, plus an RN on-site 24/7, with phased rollout starting in 2026 for larger chains.
Legal challenges from 11 states and industry groups led federal courts to vacate the RN and hourly minimums in August 2024. Then, the One Big Beautiful Bill Act (signed July 4, 2025) imposed a nine-year moratorium on staffing mandates, paving the way for HHS's full repeal on December 2, 2025.
AHCA/NCAL President Clif Porter called it "a victory for our nation’s seniors and their families," warning the rule "threatened to close nursing homes and displace vulnerable residents." CMS Administrator Mehmet Oz added, "Every American deserves access to compassionate, high-quality care...This repeal is a step toward smarter, more practical solutions that truly work for the American people." LeadingAge's Katie Smith-Sloan described it as "an important milestone," recognizing "the very real barriers that our nursing home members navigate in recruiting and retaining staff."A Troublesome Proposal: Ambitious Aims, Unrealistic Execution
Proponents saw the 3.48-hour threshold as evidence-based; the "minimum safe level" from a 2023 CMS study linking higher staffing to 15% fewer deficiencies. It addressed the RN shortage projected through 2030 (AHCA 2025) and aimed to curb unchecked falls and other indicators of negative health outcomes.
But troubles abounded:
  • Rural and Small-Facility Strain: 40% of homes in underserved areas couldn't meet RN requirements without closures, potentially displacing 100,000+ residents (AHCA 2025).
  • One-Size-Fits-All Flaw: Ignored acuity variations; dementia units need more aides than rehab wings, creating a 20% mismatch (AARP 2025).
  • Enforcement Gaps: Phased rollout (2026-2030) lacked immediate teeth, with CMS recouping just $4 million of $1.1 billion in overpayments (GAO 2025).
Providers called it "unrealistic," while advocates decried the repeal as favoring profits over people. The compromise retains 8-hour RN shifts (waivable) and facility assessments for transparency, but no hard minimums.Back to Square One: The Harsh Reality for Consumers
For seniors and families considering or relying on nursing homes, the repeal feels like a gut punch.  We are reverting to a status quo in which "adequate" staffing means one CNA for 20 residents, contributing to 28% of falls going unchecked (CNA 2025) and 18% spikes in infections (OIG 2024). Facilities remain chronically understaffed (94% CNA turnover, Argentum 2025), with private equity chains (20% market) cutting hours 13% for profits (AARP Florida 2025). Consumers face:
  • Higher Risks: 1 in 10 abuse odds (NCEA 2025), triple depression from isolation (2025 JAGS).
  • Cost Burdens: No mandates mean uneven quality, forcing 75% of families to supplement with private pay ($2,000/month aides).
  • Choice Illusion: Star ratings persist, but without floors, "high-rated" homes can still fail; 20% higher neglect in chains (GAO 2023).
According to advocates such as the Center for Medicare Advocacy, the repeal ignores current adverse health outcomes stemming from inadequate staffing, perpetuating a system in which quality varies widely. For those in facilities, it's a roll of the dice; for families, it's anxiety over "good enough" care.Where Do We Go from Here?  Aging in Place to Smarter System Demands
Aging in place remains the gold standard, saving 42% compared to facilities (Wakely 2025) and reducing the risk of institutionalization by 2.5 times (2025 JAGS). But for those in or considering facilities, here's how to forge ahead:
  1. Demand Transparency Now: Use Care Compare's 2025 ownership data to filter chains; avoid those with less than 3 stars or OIG flags.
  2. Push for Local Reforms: Advocate for Ohio's HB 521 (2026 hospital nursing requirements) and for extension to skilled nursing facilities.  Contact reps at house.ohio.gov.
  3. Legal Shields: SDM agreements nominate family for oversight—our "SDM-Driven Supplemental Advanced Directive" template.
  4. Fund Home Alternatives: Trusts pay private aides; MAPTs qualify for waivers without spend-down.
Conclusion: From Mandate to Momentum—Your Home Is Still the Answer
The repeal of the staffing mandate may be a setback, but it sharpens the focus: Facilities are understaffed, risky, and in need of reform. Aging in place, with planning, is the way forward. 
While this article provides a thorough analysis of the repeal and its strategies, it is by no means comprehensive. The landscape evolves rapidly. Readers must remain vigilant. By combining awareness with proactive planning, seniors and families can safeguard independence and thrive while aging in place. Your security depends on proactive engagement.

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