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Volume XII, Number 225

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CMS Publishes Final Rule on Nursing Home CMPs

The Centers for Medicare & Medicaid Services (CMS) published a final rule today regarding the imposition and collection of civil money penalties (CMPs) against nursing homes that are not in compliance with federal requirements of participation. The changes in the rule, mandated by section 6111 of the Patient Protection and Affordable Care Act, are effective January 1, 2012.

The final rule allows for reductions of CMPs by up to 50% for facilities that (1) self-report noncompliance before it is identified by CMS or the state and (2) correct the noncompliance within 10 days of its identification.

No reduction in CMPs is available for noncompliance that represents a pattern of harm, widespread harm, immediate jeopardy or results in the death of a resident. In addition, no reduction in CMPs is available for repeated deficiencies that resulted in a reduction in CMPs the previous year.

The rule provides for both an independent informal dispute resolution process and the establishment of an escrow account where CMPs are placed pending resolution of administrative appeals.

The published final rule is available here (pdf) (76 Fed. Reg. 15601).

©2022 von Briesen & Roper, s.cNational Law Review, Volume I, Number 79
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About this Author

von Briesen & Roper’s Health Law Section provides comprehensive legal services to the health care industry nationwide as both general counsel and special project counsel. Our clients include integrated delivery systems, academic medical centers, community hospitals, Catholic-sponsored hospitals, rural and critical access hospitals, imaging centers, physicians and multi-specialty clinics, specialty hospitals, ancillary suppliers, home health agencies, nursing homes, hospices, assisted living facilities, mental health and AODA facilities, DME suppliers, laboratories,...

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