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CMS Releases Two New Rules

Centers for Medicare​ and Medicaid Services (CMS) posted two new rules on​ Tuesday​ related to Nursing Home.  The first is a proposed rule on changes to the Requirement of Participation (ROP). Next is the final rural on Long-Term Care Arbitration Agreements.

Proposed Rule: ROP

     1. REQUIREMENT OF PARTICIPATION

    • Resident Rights
    • Admission, Transfer
    • Discharge Rights
    • Quality of Care
    • Nursing Services
    • Behavior Health
    • Pharmacy Services
    • Food and Nutrition Services
    • Administration
    • Quality Assurance and Performance Improvement
    • Infection Control
    • Compliance and Ethics Program
    • Physical Environment

 2. SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES

    • CMS is proposing some of Phase 3 provisions implementation for 1 year following the effective date of this regulation.  If this proposed rule is finalized, it would have an impact on provisions that fall into three primary areas—
    • Designation and training of the infectiont (§483.80)
      • CMS is proposing not to delay those requirements related to the infectiont at §483.80(b)(1) through (4) which includes the Infectiont (IP) designee, IP professional and specialized training, and part-time requirement, (c) and §483.75(g)(1)(iv) which are the provisions that the IP must be a member of the Quality Assessment and Assurance Committee and report on a regular basis.
    •  QAPI (§483.75)
      • Each Long-Term Care facility must implement and maintain an effective comprehensive data-driven QAOI Program that focuses on indicators of the outcomes of care and quality of life
    • Implementation of a compliance and ethics program (§483.85).

Final Rule: Arbitration​

The Final Rule allows skilled nursing homes to use arbitration agreements with residents and their representatives.

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