Wednesday, January 20, 2021
Home Latest News Federal News CMS changes its policies on civil money penalties for nursing facilities

CMS changes its policies on civil money penalties for nursing facilities

CMS has issued a Survey and Certification memo regarding a revision of their policies and the analytic tool used to calculate CMPs. The changes go into effect July 17.

In summary, the changes are as follows:

  • For past non-compliance, regional offices will impose a per-instance CMP rather than a retroactive per-day CMP, for any identified noncompliance that occurred before the survey but which is addressed and facility is in current compliance
  • The per-instance CMP will be the default for noncompliance (rather than retroactive per-day CMP) that is found to have existed before the survey and still exists at the time of the survey
  • The per-day CMP (retroactive) will remain in play for past noncompliance that existed before the survey and occurred where: 1) a resident suffers actual serious harm at the immediate jeopardy level, 2) a resident was abused, or 3) the facility had persistent deficient practices violating federal regulations
  • The per-day CMP (prospectively) will be the default for noncompliance found during the survey and beyond until in compliance. The only exceptions to forego a per-day for a per-instance will be for facilities with good compliance histories, and where a single isolated incident causes harm to a resident, unless abuse has been cited
  • The regional offices are to consider the timing of the revisit survey to certify compliance when imposing the final CMP amount
  • The CMS central office will review CMPs greater than $250,000

SDAHO has been strongly advocating at the federal level for changes with the CMS policy on CMPs. While this change does not resolve all of our concerns, it is a great improvement over the current policies where retroactive per-day CMPs are imposed, creating significant financial burdens for providers.

Stay Connected

Unified Voice Newsletter

Events This Month

january

21jan12:00 pm1:00 pmWebinar: PDGM Tips and Utilization Strategies12:00 pm - 1:00 pm CST Event Type :Education Events,Webinar

21jan12:00 pm1:00 pmCOVID-19 Visitation Practices for Hospitals and Health Systems12:00 pm - 1:00 pm CST Event Type :Education Events,Webinar

21jan12:30 pm1:30 pm2-Part Webinar Series: Optimizing Therapy Services Considering COVID Challenges12:30 pm - 1:30 pm CST Event Type :Education Events,Webinar

22jan11:00 am1:00 pmHome Care Industry Legal Update Webinar11:00 am - 1:00 pm CST Event Type :Education Events,Webinar

X

Select list(s) to subscribe to


By submitting this form, you are consenting to receive marketing emails from: SDAHO, 3708 W Brooks Place, Sioux Falls, SD, 57106, http://sdaho.org. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact