Goldberg Segalla partner Caroline J. Berdzik, chair of the firm’s Long-Term Care practice group, was extensively quoted in a McKnight’s Senior Living article examining the shifting regulatory landscape for senior‑living providers.

The piece, “Regulatory Balancing Act,” by John Roszkowski, highlights how the repeal of the federal staffing mandate and other relaxed regulations have eased this year’s outlook. Still, Caroline cautions providers against complacency.

“No matter what, long-term care remains a highly regulated industry, and providers still need to be cognizant of state and federal laws. Even if we see deregulation, it’s still a very regulated industry,” she says. She notes that state staffing regulations, particularly in states like California and New York, can often be more stringent than the federal mandate. “The mandates at the state level have often been drivers of private litigation, which is one of the biggest cost drivers for employers.”

Providers are also pushing for regulatory relief in other areas, such as greater clarity in the joint employer rule. Caroline believes there may be some changes to the joint employer definition to make it more employer-friendly but warns providers to guard against a false sense of security due to the nature of long‑term care employment relationships.

“I think the most common example is with agency staff,” she says. “In most cases, agency and facility staff are considered a joint employer [situation], and both the agency and facility are responsible.”

She expects the Centers for Medicare & Medicaid Services to adopt a somewhat softer enforcement stance that emphasizes corrective plans over punitive measures for isolated incidents.

“I think the result is you may see a reduction in the citation inflation that we’ve seen in the last few years that’s really been driving enforcement.”

Another key focus for HCBS providers is the controversial 80/20 provision in the Medicaid Access Rule. Caroline describes the requirement as “politically and legally vulnerable” and predicts that it may be repealed or significantly modified.

“You have agency opposition to it and full repeal may be a possibility, but it is certainly not guaranteed,” she said. “I think it’s far from settled and smaller and rural providers have cost structures that make it difficult or impossible to meet (the rule’s requirements).”

With immigration enforcement remaining a concern across the sector, Caroline urges providers to maintain meticulous I-9 records and use E-Verify for foreign-born workers to ensure preparedness for potential audits.

READ THE FULL ARTICLE HERE: “Regulatory Balancing Act,” McKnight’s Senior Living, March 9, 2026

MORE ABOUT GOLDBERG SEGALLA’S Caroline J. Berdzik:

Caroline devotes her practice to helping businesses, organizations, and management navigate the panoply of employment law issues, from proactive counseling through alternative dispute resolution and trial. She represents companies in diverse industries such as health care, transportation, retail, construction, insurance, and finance, as well as non-profit organizations and educational and religious institutions.

In every matter, Caroline draws upon her previous experience as an in-house counsel to bring a deep understanding of and sensitivity to the daily challenges and cost considerations companies face. Accordingly, in her role as advisor and advocate, she functions as a virtual extension of clients’ in-house legal and human resources teams, working in integrated partnership with them to protect the company’s best interests and bottom line.