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
- 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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