The Centers for Medicare & Medicaid Services is sticking to its decision to keep the names of some of the country’s poorest performing facilities from the public.

The agency has compiled a list of 128 “yo-yo” facilities – those nursing homes that continually fall in and out of regulatory compliance. While the agency recently identified 54, it has not disclosed the names of the other 74. The agency reportedly does not want to publicly release the other names because these facilities either are new to the list or may only be on the list temporarily.

CMS has acknowledged it gave copies of the facilities to the trade associations the American Health Care Association and the Alliance for Quality Nursing Home Care. Sens. Hillary Clinton (D-NY) and Tom Harkin (D-IA) last week introduced legislation forcing CMS to make public the additional names. Other senators sent a letter to the head of the Department of Health and Human Services also demanding action.