February 2026

What’s New?

The Kentucky General Assembly Legislative Update

The legislative session has passed the half-way point. The LTC Ombudsman Program continues to maintain a presence in Frankfort advocating for Kentucky’s long-term care residents.

The 2026 session is a budget session. The Ombudsman Program is concerned to see that the funds allocated by the 2024 General Assembly was not included in the current House Budget, House Bill 500. The 2024 GA investment was essential to the Program’s expansion into Assisted Living Communities as required by Senate Bill 11, passed in 2022.

Also missing from HB 500 is the Program’s request for additional funds to sustain and enhance the Program. The Program continues to work with our House and Senate Budget Sponsors to ensure our Commonwealth’s long-term residents have adequate access to the long-term ombudsman in their communities.

We are eager to advocate for House Bill 491, sponsored by Representative DJ Johnson. House Bill 491 allows residents to use electronic monitoring devices – such as video cameras with audio – in their resident rooms to deter abuse and neglect, to increase transparency and accountability, and to stay connected with friends and family. This type of legislation was referred to in Ohio as “Esther’s Law.” Esther was a long-term care resident who suffered multiple incidents of physical abuse and neglect by facility staff. Electronic monitoring in long-term care facilities is permitted in at least 20 states, and these bills have typically passed unanimously. The contents of the bill include: resident consent; facility notice requirements; privacy safeguards; permitted use of recordings; and anti-retaliation protections.

The Ombudsman Program continues to advocate for a quality staffing standard in long-term care facilities. 34 states currently have staffing standards above the federal requirement of “sufficient staff.” The Program has attended several meetings with legislators to emphasize the importance of this policy.

Your support and legislative outreach are extremely valuable. You can support the Ombudsman Program and the passage of these policies by contacting your legislator (find your legislator here). You may also wish to contact Representative Johnson directly to express appreciation and support for HB 491.

The Right to Vote in Long-Term Care Facilities:

2026 Resident Guide to Voting

Residents of long-term care facilities have the right to vote like other U.S. citizens over 18. Long-Term Care facilities should have a plan to ensure residents can exercise the right to vote, whether in person, by mail, absentee, or other authorized process. A resident’s rights, including the right to vote, must not be impeded in any way by a long-term care facility and its facility staff.

Important Dates for the upcoming 2026 Primary Election:

April 4 – May 5, 2026 – Mail-in Absentee Ballot Request Portal is open.
April 20, 2026 – Last Day to Register to Vote for the Primary.
May 6-8, 2026 – Excused, In-person Absentee Voting Begins (to see if you are eligible click here).
May 11-13, 2026 – Excused, In-person Absentee Voting Continues (to see if you are eligible click here). See also KRS 117.076
May 14-16, 2026 – In-Person No Excuse Absentee Voting.
May 19, 2026 – Primary Election Day (6:00am to 6:00pm).

Helpful Links:

Kentucky Voter Information Portal
Kentucky’s Upcoming Election Summary
To see what offices and candidates are on this year’s ballot, click here.
Click here to check your registration status. If you live in a long-term care facility, make sure that is the home address on your voter registration.
Administration for Community Living – Voting Resources for Older Adults and People with Disabilities.
KY’s Protection and Advocacy has the Your Voice Your Vote booklet for answers to frequently asked questions.
Consumer Voice – Long-Term Care Resident’s Voter Guide
To report election irregularities and/or problems exercising your right to vote, file this form with the KY Attorney General, or report violations by calling 800-328-8683 on the day of the election.
How to obtain a Kentucky State ID.

Federal legislation that ensures residents retain and exercise their right to vote:

Voting Accessibility for Elderly and Handicapped Act (1984)

Requires localities to ensure all polling places for federal elections are accessible to voters with disabilities and older voters.
Requires states to make voting aids available for affected voters, which include large-type printed instructions and information by telecommunications for deaf voters.
The law also requires that states ensure these voters have an alternative means of casting a ballot if a polling place is not accessible.

Federal Nursing Home Reform Act of 1987

Specifies that nursing home residents have full rights to vote and must be able to do so without interference or coercion from the facility’s staff.

Title II of the Americans with Disabilities Act (1990)

Protects people with disabilities from discrimination by public services and programs requiring reasonable accommodation in voting procedures for voters who require assistance.

1982 amendment to the Voting Rights Act

Requires that voters who require assistance to vote because of a disability be able to have assistance from a person of the voter’s choice. Permitted for any voter on the Thursday, Friday, or Saturday prior to an election (See KRS 117.076).

For more information on voting, see the Voting Frequently Asked Questions below.

Congress Members Argue for Healthcare H-1B Visa Exemptions

A bipartisan group of 100 members of Congress formally urged the Department of Homeland Security to exempt the health care sector from the Administration’s newly proposed $100,000 fee on new H-1B visa petitions. In September 2025, the Trump administration initiated an H-1B visa change requiring a $100,000 fee for new visa petitions and alluded to potential
exemptions for certain industries. Many stakeholders remain concerned this move, without an exemption for healthcare workers, will exacerbate workforce shortages and strain health systems, especially in rural and underserved areas. The letter to Homeland Security Secretary Kristi Noem highlights concerns that the fee would significantly worsen staffing shortages in
hospitals and clinics across the country. The letter adds that workforce shortages already affect nearly 87 million Americans living in medically underserved areas and warns that the fee could push financially strained health care providers closer to collapse by making it harder to recruit foreign-trained health professionals.

Several leading health care organizations, including the American Hospital Association and Association of American Medical Colleges, joined in support, emphasizing that the H-1B program is essential to addressing critical staffing gaps and ensuring patient access to care. The letter further argues that imposing such a high per-petition fee would reduce patient access and undermine the nation’s ability to train and retain medical professionals. The
Congress members strongly urge DHS to grant an exemption for the health care industry.

Selecting a Facility

The need to move to a nursing home, assisted living facility or another type of care setting often comes suddenly, setting off an abrupt, daunting search. It’s likely something no one ever wanted, but knowing what to look for and what to ask can make a big difference. Check out an AP article on selecting a facility. To speak with a Long-Term Care Ombudsman about selecting a facility email or all 859-277-9215.

Nursing Homes Losing Operating Capacity

A new study published in JAMA Internal Medicine finds that U.S. nursing homes have lost about 5% of their operating capacity since 2020.
The study highlights broader system-wide consequences of shrinking nursing home capacity. Areas with fewer available skilled nursing beds experienced worse hospital discharge outcomes, with even a one percentage point drop in local nursing home capacity linked to a nearly two percentage point increase in hospital stays lasting 28 days or longer, as well as longer travel distances for post-acute placements. While some recovery has occurred since the peak of the pandemic, capacity remains below pre 2019 levels, underscoring growing tension as demand rises with an aging population. The author notes that although labor market improvements may help, restoring and expanding capacity will likely require sustained policy action and increased investment—particularly targeted funding to recruit, retain, and adequately staff nursing facilities so workforce constraints no longer limit patient access.

Viriginia Considers Nursing Home Staffing Minimums and Ownership Disclosure Requirements

Check out an article about what lawmakers in our neighbor state are considering to maintain quality care in nursing facilities.

One bill would establish a minimum staffing standard in nursing homes. The article points out that Virginia has a statewide CMS staffing rating average of 2.5-out-of-5 stars. We know that Kentucky’s rating is slightly better at 2.7-out-of-5 stars according to Data.CMS.gov.

Another bill for consideration focuses on knowing more about the owners of nursing facilities. Anytime a facility changes hands, the bill would require the new operator to disclose all direct and indirect owners, the owner of the building, the owner of the operating entity, and related parties that will provide services to the nursing home. Further, the owners would have to disclose a record of certain financial, regulatory, licensing, and/or criminal trouble for nursing homes they operated or owned within the past five years. The owners would also be required to disclose whether the nursing homes they ran appeared on the federal government’s list of the nation’s worst-performing facilities.

If you are intested in learning more about how these considerations may be pursued in Kentucky please email us!

Staff and Volunteer Spotlights

In Kentucky’s LTCOP, our staff and volunteers make a real difference in the lives of those we serve. Check out some awesome advocates below!

Claude Tiller has been a part of the Lake Cumberland LTC Ombudsman Advisory Council since July 1992.

Mr. Tiller served in the United States Army, retired from the Lake Cumberland District Health Department as Director of Health Education and is an active member of AARP.

Currently, Mr. Tiller serves as Chair of the Lake Cumberland Area Development Council on Aging and the Long-Term Care Ombudsman Advisory Council. Mr. Claude Tiller is a fierce advocate for older adults.

Lake Cumberland serves Adair, Casey, Clinton, Cumberland, Green, McCreary, Pulaski, Russell, Taylor, and Wayne counties. If you would like to volunteer in these counties contact District LTC Ombudsman, Mandy Weston.

Marla Carter began volunteering in the Long-Term Care Ombudsman Program after her mother-in-law moved into a nursing home and she saw how many residents needed connection and encouragement. Marla serves on the Advisory Council of the Green River LTCO Program.

Marla and her husband Todd later founded Faithful Friends Kentucky to help churches and community volunteers support residents in nursing homes.

Since 2021, Marla has worked with a small team of family advocates in ongoing meetings with members of Congress and national partners to advance the Essential Caregivers Act, protecting visitation access for residents during emergencies. Marla is dedicated to helping ensure that residents are seen, heard, and never forgotten.

The Green River District LTC Ombudsman Program serves Daviess, Hancock, Henderson, McLean, Ohio, Union, and Webster counties. If you would like to volunteer in these counties contact District LTC Ombudsman Andrew Law.

Stacy Hall began her career at the Big Sandy ADD in April 2002. Stacy is the Director of Aging Services and also works as a Certified Ombudsman assisting Long-Term Care Ombudsman Program staff.

Stacy assisted with resident support when a large nursing facility in the area closed and has served as the area ombudsman when the position was vacant in the past.

Darcus Hall, the Big Sandy District LTC Ombudsman says, “Stacy’s passion to see the residents
experience the best possible care is unwavering. She always supports
any effort to help the program grow.”

The Big Sandy LTC Ombudsman Program serves Floyd, Johnson, Magoffin, Martin, and Pike counties. If you would like to volunteer in these counties, contact District LTC Ombudsman, Darcus Hall.

Thank you to our volunteers and staff! You make a difference in the lives of the 40,000 Kentuckians living in long-term care facilities. We are so grateful to have you in the Kentucky State LTC Ombudsman Program!

We need volunteers to serve as certified long-term care ombudsmen. Visit our website for more information.

Voting Frequently Asked Questions

Q: I have a guardian. Can I still vote?

A: Ask your guardian what the guardianship order says. If you were appointed your guardian before June 26, 2007, it’s very likely you lost your right to vote. It used to be an automatic loss of voting rights when a guardian was appointed.

If your guardian was appointed after June 26, 2007, and the order doesn’t say your right was removed, you are able to vote.

There are three ways to ask for voter restoration if a guardianship order states your right to vote is removed. After the request, a hearing is scheduled so that you can talk with the judge. The judge would then decide if the right to vote is restored. The following are the means to request:

Verbally tell the district court clerk that you want to have rights restoration;
Write a letter to the district court judge saying you want rights restoration; or
File a “Petition for Relief, Modification, or Termination” that you can get at the district court clerk’s office or download online.

Q: Someone is my Power of Attorney. Can I still vote?

A: Power of Attorney isn’t the same as guardianship. You still have your legal right to vote.

Q: My Long-Term Care Facility is a Precinct Polling Place, do I need Government Issued or Voter ID?

A: KRS 117.225(2) – No, a voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification.

Q: What type of ID do I need if my long-term care facility is not a precinct polling place?

A: KRS 117.001 (18) – A document issued by a city government, the United States, or the Commonwealth of Kentucky that includes the name of the individual and a photograph of the individual. Examples include: Real ID, Driver’s license, passport, identification card, ID card used for voting, veterans card, or student ID.

KRS 117.228 (1-3) – If a voter is unable to provide proof of identification on the day of election or during in-person absentee voting, a voter may cast a ballot if the individual executes a voter’s affirmation with any of the following:

A voter’s social security card; an ID card issued by the county; any identification card with the voter’s photograph and name of the voter stated; or any food stamp identification card.

KRS 117.228(4) – If the voter is personally known to the election officer, the election officer may attest to knowing the person (name and member of the community) and the voter may vote.

Q: Do I have to vote according to party affiliation?

A: In Primary Elections, voters may only vote for candidates of their same political affiliation and non-partisan candidates. In General Elections, voters may choose to vote for candidates of any party.

Q: How do I switch political parties?

A: You can change your political party at govote.ky.gov or by submitting an updated registration application to your county clerk. You must change your party affiliation by December 31 for eligibility to vote in the Primary Election the following year.

Q: How do I return my Mail-In Absentee Ballot? KRS 117.086

A: Ballots may be returned:

By Mail, and received by the county clerk by 6:00pm on Election Day. United States Postal Service recommends voters place completed mail-in absentee ballots in the mail no later than May 12, 2026.
Returned to the County Clerk’s Office by 6:00pm on Election Day.
Returned to a secure ballot box or ballot receptacle by 6:00pm on Election Day (location noted on the county clerk’s website).

Q: I need assistance to vote, what is the process?

A: KRS 117.255 and KRS 117.0863 – The voter can request assistance of any person who is the voter’s choice.

KRS 117.0861 – A family member, a person who resides with the voter, or a caregiver or employee of a long-term care facility can exercise control over a mail-in absentee ballot.

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. Visit our website!