• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign up for CMA’s weekly newsletter!

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • Medicare Costs
    • Home Health Care
    • Improvement Standard and Jimmo News
    • Nursing Home / Skilled Nursing Facility Care
    • Outpatient Observation Status
    • Part B
    • Part D / Prescription Drug Benefits
    • Medicare for People Under 65
    • Medicare “Reform”
    • All Other Topics
    • Resources
      • Infographics
  • Publications
    • CMA Alerts
    • Fact Sheets & Issue Briefs
    • Infographics
    • The Medicare Handbook
    • SNF Enforcement Newsletter
    • Elder Justice Newsletter
    • Medicare Facts & Fiction
    • Articles by Topic
  • Litigation
    • Litigation News
    • Cases
    • Litigation Archive
    • Amicus Curiae Activities
  • Newsroom
    • Press Releases
    • Editorials & Letters to the Editor
    • CMA Comments, Responses, and Letters
    • CMA in the News
  • About Us
    • National Voices of Medicare Summit
    • Mission Statement
    • CMA FAQs
    • CMA Annual Impact Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Community Outreach and Education Project (COEP)
    • National Medicare Advocates Alliance
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Build a Legacy with CMA
    • Join the Center for Medicare Advocacy Founder’s Circle
    • Take Action
    • Share Your Health Care Story
    • Tell Congress to Protect Our Care
    • Listen to Medicare & Health Care Stories
    • Sign up for CMA’s weekly newsletter!

Enforcement Provisions of President Biden’s Nursing Home Reform Agenda Being Ignored

December 14, 2023

Print Friendly, PDF & Email

In February 2022, President Biden and the White House announced a comprehensive, multi-faceted nursing home reform agenda. While the Centers for Medicare & Medicaid Services (CMS) has taken steps to implement many parts of the agenda, it has largely ignored the directive to strengthen the enforcement of standards of care for nursing facilities. Instead it has allowed Trump Administration policies which explicitly overturned Obama Administration policies and otherwise reduced enforcement, to remain in place. The Center for Medicare Advocacy calls on CMS to strengthen enforcement and protect residents.

Weakened Enforcement Policies Remain In Place:

  • In CMS, “Clarification regarding Nurse Aide Training and Competency Evaluation Program (NATCEP/CEP) Waiver and Appeal Requirements,” S&C: 18-02-NH (Oct. 27, 2017), CMS revised guidance to delay, until after appeals, a facility’s losing authority to conduct its own nurse aide training program and allowed CMS to waive facilities’ loss of nurse aide training authority entirely, on a case-by-case basis. That policy guidance remains in place.
  • In CMS, “Revised Policies regarding the Immediate Imposition of Federal Remedies – FOR ACTION,” S&C: 18-01-NH (Oct. 27, 2017), CMS explicitly proposed replacing S&C: 16-31-NH (Jul. 22, 2016, rev. Jul. 29, 2016), as requested by the American Health Care Association in a December 2016 letter to then President-Elect Trump and again in a March 9, 2017 letter to then-HHS Secretary Tom Price.
  • CMS made these proposed changes final in CMS, “Final Revised Policies Regarding the Immediate Imposition of Federal Remedies,” QSO-18-18-NH (Jun. 15, 2018). CMS limited CMPs for immediate jeopardy to deficiencies resulting in serious injury, harm, or death and authorized Regional Offices (now Locations) to impose remedies other than CMPs for jeopardy and to consider when noncompliance results from a one-time mistake. That policy guidance remains in place.
  • National Consumer Voice for Quality Long-Term Care v. Azar, Case No. 21-162 (D.D.C. filed Jan. 18, 2021), challenged the use of only per instance CMPs for “past noncompliance.” In settling the case, CMS withdrew the surveyor guidance and the CMP Analytic Tool, S&C: 17-37-NH (Jul. 7, 2017) issued in 2017, at QSO-21-20-NH (Jul. 28, 2021). The July 2017 guidance made lower per instance CMPs the default; discouraged Regional Offices from starting per day CMPs before “the start date of the survey;” required Central Office to review CMPs exceeding $250,000; and expanded facilities’ ability to describe CMPs as unaffordable, among other changes that reduced CMP amounts. Although CMS withdrew that entire surveyor guidance document, it has not updated the guidance for CMPs and has not released a new CMP Analytic Tool.

December 14, 2023 – T. Edelman

Filed Under: Article Tagged With: Skilled Nursing Facility

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics.
Sign Up for CMA's Free Newsletter
Register for CMA's Free Webinars

  • Medicare Basics
  • Medicare Reform
  • CMA Alerts
  • Fact Sheets & Issue Briefs
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Jimmo v. Sebelius

Medicare covers skilled care to maintain or slow decline as well as to improve.

Improvement Isn’t Required. It’s the law!

Read more.

National Voices of Medicare Summit

With the many threats currently facing the Medicare program, now is the time to come together as allies and explore ways to advocate for comprehensive Medicare coverage, health equity, and quality health care. Drawing inspiration from real-life experiences and stories of beneficiaries and caregivers, we hope to share impactful discussions with you.

Learn more.

Center for Medicare Advocacy Follow 10,509 5,328

A national nonpartisan, nonprofit law organization working to advance access to comprehensive #Medicare coverage and quality #healthcare.

CMAorg
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
9 Jan 2009690018743460222

Medicare Advantage options and providers are declining in 2026. Find out how you may be impacted - and what you can do about it - below👇

For our free weekly newsletter on all things Medicare:
👉

https://medicareadvocacy.org/ma-options-and-providers-decline-in-2026/

Image for twitter card

MA Options and Providers Decline in 2026 - MA Enrollees Can Make Changes Until March 31 - Center...

The landscape of Medicare Advantage (MA) is changing in 2026. A number of large healthcare systems across the coun...

medicareadvocacy.org

Reply on Twitter 2009690018743460222 Retweet on Twitter 2009690018743460222 0 Like on Twitter 2009690018743460222 0 X 2009690018743460222
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
8 Jan 2009278367900500281

For many older adults, messaging apps aren’t just tools, they’re lifelines💬❤️

Insightful piece via @kevinmd on why simple messaging apps are often the most meaningful digital tools for older adults

Full article:👇
Our newsletter:
https://kevinmd.com/2026/01/technology-for-older-adults-why-messaging-apps-are-a-lifeline.html

Image for twitter card

Technology for older adults: Why messaging apps are a lifeline

Technology for older adults is about connection, not just convenience. Discover how simple messaging apps serve as lifelines for the elderly.

medicareadvocacy.org

Reply on Twitter 2009278367900500281 Retweet on Twitter 2009278367900500281 0 Like on Twitter 2009278367900500281 0 X 2009278367900500281
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
7 Jan 2008918950218703058

✈️It's travel season. Know before you go: If you’re heading abroad with Rx meds, a little prep goes a long way. Some meds legal in the U.S. aren’t allowed elsewhere.

Full @kiplinger article below👇

For our free newsletter: 👉

https://www.kiplinger.com/personal-finance/travel/international-travel-with-medications-know-before-you-go

Image for twitter card

International Travel with Medications: Know Before You Go

When you travel with medications abroad, good planning can help avoid getting your prescriptions confiscated — or worse.

medicareadvocacy.org

Reply on Twitter 2008918950218703058 Retweet on Twitter 2008918950218703058 0 Like on Twitter 2008918950218703058 0 X 2008918950218703058
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
6 Jan 2008642259642970350

Home health care and home care sound alike, but only one is typically covered by Medicare.

Learn what sets them apart 👇

And for more Medicare news and guidance, sign up for our free newsletter:
👉

🔗 https://health.usnews.com/senior-care/articles/home-health-care-vs-home-care-whats-the-difference

Image for twitter card

Home Health Care vs. Home Care: What’s the Difference?

While home health care and home care may sound similar, there are several key distinctions. Learn about the differ...

medicareadvocacy.org

Reply on Twitter 2008642259642970350 Retweet on Twitter 2008642259642970350 1 Like on Twitter 2008642259642970350 2 X 2008642259642970350
Load More

Footer

Stay Connected:

  • Contact Us
  • Sitemap
  • Products & Services
  • Copyright/Privacy

© 2026 · Center for Medicare Advocacy