July 2026 Newsletter

July 2026 Newsletter

Note from the State Ombudsman

Things have stayed busy in the world of the Long-Term Care Ombudsman Program! As you will read throughout our newsletter this month, we have updates from the Centers for Medicare and Medicaid, good news about the Older Americans Act, and exciting news about new program staff!

As we celebrate the good things happening, remember that you have a voice and a stake in those wins! Advocacy starts with small actions, brief conversations, and random acts of kindness. Your advocacy improves the lives of Kentucky’s long-term care residents.

Thank you for being a supporter of our program and the residents we serve. We look forward to continuing to bring you good news and opportunities for change.

Jodi Holsclaw
jodi@ombuddy.org
Kentucky State LTC Ombudsman

New LTC Ombudsman Program Staff

I am thrilled to announce that as of August 3, I will be joining the Office of the Kentucky State Long-Term Care Ombudsman Program as a Regional Ombudsman.

I have been with the Ombudsman Program serving Jessamine County since November of 2022. Being raised by my great-grandmother and aunt has given me a great respect and appreciation for a generation and population of people who need an advocate when they can no longer do so for themselves.

My passion for long-term care advocacy began at an early age. Since I was seven years old, I have accompanied my aunt, who is also an ombudsman, on visits to nursing facilities. Those experiences gave me a firsthand look at the importance of advocating for residents and ensuring they have a voice.

Being part of the Ombudsman Program is especially meaningful to me because it combines my passion for serving others with my commitment to improving the lives of older adults and individuals living in long-term care facilities. I am honored to continue this work and look forward to growing in my role while making a positive difference in the communities we serve.

Guest Article from Ombudsman and SHIP Counselor Angela Zeek of Legal Aid of the Bluegrass

In June 2026, the US Treasury issued the annual Medicare and Social Security Trustees Reports, which projects concerning financial outlooks. Without Congressional intervention, the Social Security retirement fund is projected to be depleted by 2032, with the Medicare Trust Fund following closely in 2033.

Social Security Benefits 

Social Security is supported by two separate trust funds. The first pays retired workers and their survivors, including spouses and children. The second pays workers with disabilities. The retirement and survivors fund is expected to run out of dedicated reserves by 2032.

Since 2009, Social Security has been paying out more money than it brings in through payroll taxes, meaning the government has had to dip into its emergency reserves to cover full benefits. The reserves are draining quickly for four main reasons: there are fewer workers paying into the system compared to a growing number of retirees, Americans are living longer, recent tax law changes have reduced revenue; and the program’s rules haven’t been updated in decades.

Exhausting the Social Security trust fund will trigger an automatic reduction in payouts. The Bipartisan Policy Center warns that this shortfall will slash monthly benefits for millions of retirees and survivors, with a projected average loss of $500 per month.

Lawmakers have a window to address the trust fund shortfall. Potential fixes include boosting payroll taxes or eliminating the cap on taxable earned income, which is currently $184,500/year, and tax all earnings. Additional strategies mentioned include delaying the full retirement age and decreasing benefits.

Medicare Benefits 

In seven years, the Medicare Hospital Insurance (HI) Trust Fund is projected to run out of reserve savings. This fund uses payroll taxes to pay for Part A services, but starting in 2027, spending will exceed its tax income. Once the reserves are empty, incoming taxes will fail to cover all costs. Fortunately, as with Social Security, Congress has time to act to secure its future.

Some suggestions for bridging the funding gap include raising taxes, increasing Part A out-of-pocket costs, or cutting spending, which could include reducing payments to Medicare Advantage plans.  According to the Medicare Policy Initiative, a non-partisan research group with Georgetown University, Medicare Advantage represents a significant portion of the fiscal strain, drawing nearly 40% of its funding directly from the Medicare HI Trust Fund due to having no independent funding source. Medicare is spending 14% more on Advantage plan members than on similar traditional beneficiaries, adding $76 billion to the program’s expenses.

Medicare- 2027 

According to the Medicare Trustees Report, Part B premiums will rise slightly in 2027, moving from $202.90 to $209.50—the lowest bump since 2023. Nevertheless, the long-term outlook remains troubling, with costs projected to spike dramatically over the next eight years. Resulting in a projected monthly premium of $360.60 in the year 2035.

Solutions 

Learning that essential benefits could be cut is stressful, but there is still time to protect them. Congress can step in to fund these programs long-term.  You can also take a personal stand by helping to eliminate Medicare fraud, waste, and abuse, which drains the system. Stay proactive: keep a detailed log of your doctor visits and compare it closely against your Medicare Summary Notices (MSN) or your plan’s Explanation of Benefits (EOB). If you see services or supplies listed that you never received, report them right away. If you suspect Medicare fraud, waste, and abuse, call Medicare SHIP at 1-866-516-3051.  Medicare SHIP is funded through the Bluegrass Area Aging on Aging and is administered by Legal Aid of the Bluegrass, a non-profit organization.

What’s New?

CMS to Implement Risk-Based Nursing Home Surveys

Beginning in September 2026, the Centers for Medicare & Medicaid Services (CMS) will implement a new Risk-Based Survey (RBS) approach for approximately 12% of nursing homes that were identified based on their consistent performance on quality measures. Under this process, qualifying facilities would receive a more “streamlined” standard survey, while allowing state survey agencies to designate more time and resources to complaint investigations and facilities with a history of compliance concerns. All nursing homes that participate in Medicare and Medicaid reimbursement will still be subject to survey at least every 15 months, and complaint investigations will continue when necessary. 

While CMS states that this change is meant to make oversight more efficient and encourage quality improvement, there are significant concerns that reducing the scope of inspections at any facility could allow problems to fall through the cracks. The National Consumer Voice for Quality Long-Term Care states CMS’s new “high-performing” designation on Care Compare may be seen by residents and families as a guarantee of quality at a facility, when it only identifies facilities that meet the criteria for the streamlined survey process. The Kentucky Long-Term Care Ombudsman Program understands that strong oversight remains essential to protecting residents’ health, safety, and quality of life in every nursing facility. Click here to read the full memo from CMS. 

Why Reauthorizing the Older Americans Act Matters to Kentucky’s Long-Term Care Ombudsman Program

The Older Americans Act (OAA), a cornerstone of services for older adults for over 60 years, authorizes and funds the Long-Term Care Ombudsman Program. As Congress reauthorizes the OAA through Fiscal Year 2030, this legislation offers an opportunity to raise protections for residents in nursing homes, assisted living, and other long-term care settings.

In Kentucky, the Long-Term Care Ombudsman Program advocates for residents, investigates complaints, educates about rights, addresses quality of care concerns, and promotes person-centered care. These services, provided at no cost, are made possible by the OAA.

The proposed reauthorization strengthens the program nationwide by establishing a full-time National Ombudsman Director, improving volunteer training, and conducting a national study on state programs, staffing, funding, and service improvements. These changes ensure that the Ombudsman program meets the growing needs of residents as the long-term care population expands and evolves.

National advocates emphasize the importance of strong nursing home oversight. The National Consumer Voice for Quality Long-Term Care’s issue brief explains that resident safety depends on layers of accountability, including federal and state survey agencies, enforcement, and independent resident advocacy through Long-Term Care Ombudsman Programs. While recent federal initiatives modernize the survey process for high-performing nursing homes, advocates caution that strong oversight and independent resident advocacy are essential in every facility.

For Kentucky’s Long-Term Care Ombudsman Program, the reauthorization of the Older Americans Act preserves the legal framework that empowers Ombudsmen to advocate for residents and uphold their rights. All complaints investigated, residents educated about their rights, and concerns resolved contribute to improving the quality of life for individuals receiving long-term care.

Residents deserve to live with dignity, respect, and self-determination. Reauthorizing the Older Americans Act ensures that Kentucky’s Long-Term Care Ombudsman Program can continue advocating for residents and promoting quality care. 

Individuals can support this effort by contacting their members of Congress and expressing support for reauthorizing the Older Americans Act. Click here to learn more. 

CMS Rescinds Guidance on Nursing Home Residents’ Voting Rights

The Centers for Medicare & Medicaid Services (CMS) recently rescinded prior guidance encouraging nursing homes to take proactive steps to help residents exercise their right to vote. While this action does not change federal law or remove residents’ voting rights, it ignores guidance that encouraged facilities to assist with voter registration, absentee voting, transportation, and election planning.

Removing this guidance could result in fewer opportunities for residents to participate in elections. The majority of nursing home residents face obstacles such as limited mobility, physical disabilities, or transportation challenges, making assistance from their facility an important part of making sure they can exercise their constitutional right to vote.

Long-Term Care residents continue to have the right to vote, the right to decline to vote, and the right to receive assistance with voting from a person of their choosing. Nursing homes are also still responsible for protecting residents from coercion, discrimination, or interference while respecting each resident’s individual choice.

As advocates, Long-Term Care Ombudsmen remain committed to promoting resident choice, self-determination, and ensuring every eligible resident has the opportunity to make their voice heard.

2026 Resident Rights Month Celebration

With the 2026 Resident Rights Month right around the corner in October, it’s time to start celebrating if you haven’t already! 

This year’s theme, Join us at the Table, highlights the importance of food, mealtime, and daily activities for residents in Long-Term Care facilities. Residents are encouraged to share their experiences with the National Consumer Voice for Quality Long-Term Care. They can submit essays, poems, artwork, drawings, or videos related to the theme. Submissions can be emailed to info@theconsumervoice.org, mailed to 1025 Connecticut Ave. NW, Suite 1000, Washington, DC 20036, given to the local Ombudsman, or emailed to the Office of Kentucky Long-Term Care Ombudsman at nhoa@ombuddy.org

Staff and Volunteer Spotlights

Green River’s District Ombudsman Andrew Law set up a table to share information about the ombudsman program. One of the Ombudsman Program responsibilities is to inform the public of issues in long-term care. 

To invite an ombudsman to your events, email nhoa@ombuddy.org!

 

Seniors in Barren River enjoyed drumming with Health Rhythms, an evidence-based program to help reduce stress and strengthen the immune system.

 

 

Thank you to all our volunteers for giving your time and talents to work with our program and make a difference in the lives of the residents. The Kentucky Office of State LTC Ombudsman recognizes the impact of your volunteer service.  You truly are a force that transforms the world.

The Long-Term Care Ombudsman Program (LTCOP) could not be its best without the volunteers who help carry out the mission of advocating for long-term care residents. 

In federal fiscal year 2024, 3,598 volunteers trained and designated to investigate and resolve complaints, contributed over 293,000 hours of service to Ombudsman programs across in the country (according to the NORS data).

The Independent Sector determined the estimated value of a volunteer hour in 2024 was $34.79. For the Ombudsman program, that is over $10.2 million of assets due to volunteer service!

Due to the dedicated service of these volunteers, resident access to the Ombudsman program is enhanced significantly and thousands of residents receive information about their rights and have assistance and support in resolving their concerns.

Become a volunteer ombudsman representative! Learn more here, or email us today!

Learning Opportunities

Kentucky long-term care providers can register for Dementia Beyond Drugs, a state-funded dementia care conference designed to transform how nursing facility staff understand and respond to people living with dementia.

This learning experience helps care partners recognize behaviors as signals of unmet needs and strengthen resident well-being through person-directed practices.

August 4 – September 22 from 1pm-3pm ET every Tuesday online

Attendees will leave the training with:

  • An understanding of “behaviors” as unmet needs
  • Person-directed care strategies that improve resident well-being
  • Practical techniques your team can use immediately

Learn more and register (no cost for Kentucky’s CMS certified nursing home staff)

Visit Consumer Voice’s Family Council Center

Family councils can play a crucial role in voicing concerns, requesting improvements, supporting new family members and residents, and supporting facility efforts to make care and life in the facility the best it can be. Under the Nursing Home Reform Act, families have the right to organize and participate in a family council. However, it can be difficult to get councils started, whether that’s due to facility resistance, lack of family members interested in joining, or something else. Consumer Voice’s Family Council Center provides helpful tools for council development and maintenance, including how to overcome the obstacles they may face, as well as the specific language in federal law that gives families the right to come together to advocate for residents. The Family Council Center also provides examples from councils across the country that can be used to bolster new or current family councils.

Check out the Kentucky Family Council Manual prepared by the Kentucky Office of State Long-Term Care Ombudsman. 

What’s an Ombudsman?

Ombudsmen advocate for residents of long-term care facilities at no charge to residents or families. 

Long-Term Care Ombudsmen

  • Regularly make unannounced visits to long-term care facilities to visit residents.
  • Protect the special legal rights of residents.
  • Identify, investigate, and resolve residents’ problems and concerns.
  • Empower residents to make informed choices.
  • Work to monitor laws/policies to protect residents.

Long-term care ombudsmen serve residents in all counties in Kentucky.