Sunday, July 5

Washington, D.C. — Federal investigators have uncovered a disturbing pattern in nursing homes across the country: facilities were diagnosing residents with schizophrenia who didn’t have the condition, then using those fake diagnoses to justify giving them powerful antipsychotic drugs.

The Office of Inspector General (OIG) reviewed 40 nursing homes that underwent pilot audits by the Centers for Medicare & Medicaid Services (CMS) and found widespread abuse. Medical directors were inappropriately labeling residents with schizophrenia to mask the misuse of antipsychotic medications, according to two OIG issue briefs released in March 2026.

The problem runs deeper than just bad diagnoses. Antipsychotic drugs carry serious risks for elderly patients, including increased rates of falls, cognitive decline, and even death. When these medications are given to residents with dementia rather than genuine psychosis, the harm is compounded — and the facilities’ quality ratings stay artificially high because schizophrenia cases are excluded from antipsychotic use metrics.

Now the OIG is promising a nationwide analysis of antipsychotic use in nursing homes, signaling a major enforcement push that could affect thousands of facilities.

A Decade-Long Problem

The misuse of antipsychotics in nursing homes isn’t new. Senate hearings dating back to 1975 referred to these drugs as “chemical straight jackets.” But the practice of faking schizophrenia diagnoses to game the system emerged more recently, after CMS began tracking antipsychotic use as a quality measure in 2012.

Since then, schizophrenia diagnoses in nursing homes have jumped 70%, according to a New York Times investigation. The timing wasn’t coincidental — facilities realized they could keep giving residents antipsychotics while avoiding low star ratings by simply adding schizophrenia to their medical records.

CMS launched focused schizophrenia surveys in 2016, identifying facilities with patterns of erroneous coding. By 2023, the agency began conducting offsite audits and adjusting Five-Star Quality Rating System scores for facilities caught manipulating diagnoses.

Nursing Homes Fight Back

Not everyone’s accepting the crackdown quietly. Forest Rehab and Nursing Center, an Illinois facility, has filed a federal lawsuit challenging CMS’s schizophrenia audits. The nursing home argues that CMS lacks legal authority to conduct these audits outside the normal regulatory framework and that the audits violate due process rights.

The facility claims the audits have already cost it over $200,000 in actual and reputational damages, downgraded its quality ratings to one star for six months, and suppressed its quality measure ratings for up to 12 months. Forest Rehab contends that nursing homes don’t control the professional judgment of physicians who make diagnoses, and that CMS is essentially punishing facilities for doctors’ decisions.

The lawsuit also argues that CMS has “weaponized” the Five-Star Rating System to enforce compliance with unauthorized standards, and that the agency delegated audit authority to a private contractor without proper legal basis.

What Comes Next

The OIG’s announcement of a nationwide analysis suggests federal investigators believe the 40-facility pilot was just the tip of the iceberg. If the same patterns hold across the country, thousands of nursing homes could face audits, rating adjustments, and potential enforcement actions.

For residents and their families, the findings raise serious questions about whether loved ones received unnecessary medications based on fabricated diagnoses. For the industry, the crackdown piles on what’s already been a brutal stretch of regulatory pressure — including new CMS proposals to revoke Medicare enrollment faster and claw back payments from day one.

The coming months will reveal how widespread the practice really is — and whether CMS’s enforcement strategy can survive legal challenges from an industry fighting to protect its ratings and revenue.

Source: OIG Issue Briefs OEI-02-23-00020 and OEI-02-23-00201, March 2026; Forest Rehab and Nursing Center, LLC v. Mehmet Oz, Case: 1:25-cv-12606 (ND. Ill)

Photo: Pexels


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