08/20/2026

Senators Ask CMS to Restore Nursing Home Voting Guidance

A group of 13 U.S. senators asked the Centers for Medicare & Medicaid Services on August 12 to rescind its July nursing home voting memorandum and restore guidance issued in 2020 and 2024. The request follows CMS’ July 20 decision to withdraw the earlier guidance and replace it with a special alert focused on resident voting rights, autonomy and safeguards against fraud and coercion. CMS has said the memorandum does not create new regulatory requirements.

The senators’ letter does not change the current CMS guidance, and the agency has not announced that it will restore the previous policy. LeadingAge is monitoring the issue as the 2026 elections approach. Nursing homes should continue supporting residents in exercising their rights while ensuring any voting assistance is resident-directed and consistent with applicable law. Members can also review LeadingAge’s 2026 voting information and election resources.