Nursing-Home Penalty Funds Reached $713.6 Million in State Balances; What Can They Pay For?

An older resident in an armchair with a caregiver nearby. Illustrative archive, not a CMS enforcement subject.
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An older resident sits in an armchair with a caregiver nearby in a retirement-home room. Illustrative archive photo: Jsme MILA / Pexels, used under the Pexels License. Cropped. No facility, resident or caregiver pictured is identified as a subject of a CMS penalty or enforcement action.

State nursing-home penalty funds totaled $713.6 million at the start of 2026, up $97.6 million from a year earlier, according to a JBizNews calculation of federal data updated in October. The money can support projects that improve residents’ care and daily lives, but it is not a general operating subsidy for nursing homes.

The Centers for Medicare & Medicaid Services’ updated state balance files list $713,637,933 across the 50 states and the District of Columbia as of January 1, 2026. The comparable January 1, 2025 balances total $615,998,659.

Those dates matter. The figures are historical fund balances, not a statement of cash available today or a national grant round open for the entire amount. The balance sheets alone do not show how much is already committed, reserved for emergencies or available for a new application.

How nursing-home penalties become resident projects

CMS can impose civil money penalties when a nursing home fails to meet Medicare or Medicaid participation requirements. A portion of the money collected is returned to states for approved activities that protect residents or improve their quality of care or quality of life.

Under the Civil Money Penalty Reinvestment Program, that can include resident and family engagement, mental and behavioral health projects, staff education and technical assistance. Funds can also help protect or relocate residents when facilities close, lose certification or downsize under qualifying arrangements.

The program therefore gives providers, resident advocates and other applicants a possible route to finance a defined improvement project. It does not turn an enforcement penalty into an unrestricted reimbursement increase.

Where the balances stood

Florida reported $43.2 million as of January 1, followed by North Carolina at $42.4 million, Kentucky at $37.7 million and Michigan at $36.4 million. Pennsylvania reported $33.8 million and Texas $33.5 million.

New Jersey’s balance was $9.4 million, compared with $4.7 million a year earlier. New York reported $13.0 million, compared with $9.7 million. These are fund balances, not rankings of care quality or a count of violations during the year.

A larger balance does not establish that a state has left the entire amount idle. Applicants need to ask the state about its commitments, priorities and current process before treating the published number as an available funding pool.

What applicants can and cannot fund

CMS’s program FAQ says eligible applicants can include certified long-term care facilities, consumer advocacy groups, resident and family councils, academic institutions, state agencies, vendors and professional associations. Applicants must show organizational capacity, avoid conflicts of interest and avoid receiving other state or federal funding for the same purpose.

Projects must demonstrate a direct benefit to nursing-home residents. CMS lists routine facility upkeep, nursing-home staff salaries, mandatory training and services already funded by Medicare, Medicaid or other government sources among prohibited uses. Ordinary obligations do not become eligible simply because a provider proposes paying for them with penalty funds.

CMS describes the Nursing Home Staffing Campaign as a separate, targeted initiative. Applicants should not confuse a project application under the reinvestment program with an individual nurse’s application for staffing-campaign incentives.

Start with the state, not the headline balance

Applications go through the relevant State Agency, which has its own procedures and timelines. CMS directs applicants to its application handbook and designated state program contact.

The FAQ calls for a project description, measurable goals, an evaluation and sustainability plan, a detailed budget and required supporting documents. It specifies at least 90 days’ advance submission for standard projects and conference or training projects, and at least 120 days before the first year of a multiyear project.

State review is separate from CMS review. The federal review targets are not guaranteed approval dates and may extend when corrections, questions or coordination are needed. For a provider planning a resident-care project, the useful next step is to confirm the state’s current priorities and available funds, then build an application around a measurable resident benefit.

Healthcare Desk | WASHINGTON
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