From DC: Medicare Advantage Rule Comments Due, Fight Nursing Home Staffing Rollbacks, HUD Fair Housing Update, and More

January 23, 2026

From DC is Justice in Aging's weekly roundup of national news and resources about issues impacting older adults. To receive From DC in your inbox as soon as its published, sign up for our mailing list.

Here’s what we’re watching in Washington:

Comments Due Monday on 2027 Medicare Advantage and Part D Proposed Rule

The 2027 Medicare Advantage and Part D proposed rule includes changes impacting people dually eligible for Medicare and Medicaid and language access. Input from advocates in the field is important.

Use Justice in Aging’s template comments to comment by 5 pm EST/ 2 pm PST Monday, January 26, 2026.

Oppose Repeal of Nursing Facility Minimum Staffing Standards

Last month, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (IFR) that will rescind the federal minimum staffing standards for nursing homes effective February 2, 2026.

The staffing rule was finalized in 2024 to improve staffing for the worst facilities. These regulations, which included numerical standards for nurse aides and overall nursing staffing and a 24/7 requirement for registered nurses, had been scheduled to take effect in May 2026.

Adequate staffing is one of the biggest factors for determining residents’ health and safety. Even modest increases in staffing as provided in the 2024 rule were projected to save 13,000 lives each year.

The 2024 rule gave facilities several years for implementation and provided additional exemptions if facilities could not comply with the standards despite their best efforts. Rescinding the rule puts nursing home residents at much greater risk of injury, illness, and even death due to chronic understaffing.

Advocates can express their opposition to the IFR until February 2, 2026. The National Consumer Voice for Quality Long-Term Care created a sign-on letter for state and national organizations. Individuals can submit their own comments here.

For more background on protections for nursing home residents, see Justice in Aging’s nursing home resources.

HUD Releases Proposed Rule on the Fair Housing Act’s Disparate Impact Standard

The U.S. Department of Housing and Urban Development (HUD) recently released a proposed rule on implementation of the Fair Housing Act’s disparate impact standard. HUD is proposing to “remove its [disparate impact] regulations and leaving to courts questions related to interpretations of disparate impact liability under the Fair Housing Act.”

Disparate impact discrimination occurs when a facially neutral policy or practice results in an unjustified, negative disparate impact on members of a protected class. Disparate impact liability is a key civil rights tool and a longstanding legal theory upheld by courts in various contexts. In 2015, the U.S. Supreme Court found that disparate impact claims can be brought under the Fair Housing Act.

Comments on HUD’s proposed rule are due on February 13, 2026.