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Volume X, Number 187

July 03, 2020

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CMS Announces Enhanced Surveys for Nursing Homes to be Completed by July 31, 2020

The Centers for Medicare and Medicaid Services (CMS) announced on March 13, 2020 enhanced penalties for infection control survey non-compliance amid the COVID-19 pandemic.[1] On June 1, 2020, CMS announced significant changes related to nursing home surveys. The new changes require states to complete 100 percent of their Focused Infection Control nursing home surveys by July 31, 2020.[2] If a state has not completed 100 percent of their infection control surveys by that date, it will be required to submit a corrective action plan (CAP) to CMS delineating its plan to complete the surveys within 30 days. After the 30-day CAP extension, if the surveys are still incomplete, the state’s CARES Act allocation for 2021 may be reduced by up to 10 percent.[3] Any additional extensions could result in further reductions up to 5 percent. The extra funds from the reductions will be redistributed to those states that completed their surveys by the July 31 deadline.

Nursing homes should take steps to ensure they are preventing the spread of infection and are cooperating with the surveyors. In addition to the strict infection control survey timeline, CMS is also requiring states to:

  • Perform on-site surveys (within 30 days of the CMS guidance) of nursing homes with previous COVID-19 outbreaks, defined as:

    • Cumulative confirmed cases/bed capacity at 10 percent or greater; or

    • Cumulative confirmed plus suspected cases/bed capacity at 20 percent or greater; or

    • Ten or more deaths reported due to COVID-19.

  • Perform on-site surveys (within three to five days of identification) of any nursing home with three or more new COVID-19 suspected and confirmed cases since the last National Healthcare Safety Network (NHSN) COVID-19 report, or one confirmed resident case in a facility that was previously COVID-19-free.

  • Perform annual Focused Infection Control surveys of 20 percent of nursing homes based on data that identifies facility and community risks. States that fail to perform these survey activities timely and completely could forfeit up to 5 percent of their CARES Act Allocation, annually.

Nursing homes need to be cognizant of these stricter survey timelines and enforcement and stay up to date on the ever-changing COVID-19 guidance. 


[1] Coronavirus (COVID-19) Infection Control in Nursing Homes, https://www.dinsmore.com/publications/coronavirus-covid-19-infection-control-in-nursing-homes/.

[2] Centers for Medicare & Medicaid Services, https://www.cms.gov/files/document/qso-20-31-all.pdf.

[3] Id.

© 2020 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume X, Number 156

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About this Author

Timothy Cahill Health Care Attorney Dinsmore Law Firm
Partner Of Counsel

Tim is an attorney with more than two decades of experience in health care-related fields. He has worked as in-house counsel and external counsel for non-profit and commercial health care organizations, health systems, hospitals, physicians and physician groups, joint ventures, and other corporate clients. Most recently, Tim served in the role of general counsel of a regional health system, working closely with the executive team and board to further the organization’s strategic mission and significantly improve operating revenues.

In his practice, Tim has addressed a wide range...

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Thomas Hess, health care industry attorney, Dinsmore Shohl, law firm
Partner

Annually appearing on The Best Lawyers in America list, as well as the Ohio Super Lawyers list, Tom has over 30 years of experience representing health care providers before state, federal and administrative courts across the country. He is the Practice Group Leader for the Government Relations and Health Law Practice Groups.

Leveraging extensive experience with a thorough understanding of the issues facing the health care industry, Tom takes a practical, yet aggressive approach to help clients meet their needs while also mitigating risk. Within the constantly-evolving industry, Tom guides clients through myriad challenges, including certificate of need, health care fraud and licensure investigation issues, as well as issues related to Medicare and Medicaid audits, overpayments, certifications and reimbursement. Additionally, he also has assisted clients with the acquisition and disposition of health care facilities and practices, demonstrating a knowledge of not only the industry’s distinctive operations, but also of traditional business transactions. Understanding that complex health care reform initiatives and an unstable economy have dramatically impacted the industry’s operations, Tom, a former Assistant Attorney General in Ohio, utilizes his familiarity with the regulatory agencies and their procedures to provide clients with the insight they need to confidently move forward.

614-227-4260
Sydney Pahren, Dinsmore Law Firm, Columbus, Corporate Law Attorney
Associate

Sydney is a member of Dinsmore’s Corporate Department, where she focuses her practice on health care law. 

She has experience researching legal issues in health care, litigation, labor & employment and corporate law. She is a graduate of The Ohio State University Moritz College of Law where she was an articles editor on the Ohio State Law Journal and an executive board member of the Black Law Students Association. 

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