In the realm of healthcare, especially within nursing facilities, ensuring compliance with regulations is paramount to safeguarding the well-being of residents. Recently, the Centers for Medicare & Medicaid Services (CMS) proposed significant revisions to enforcement policies, particularly regarding Civil Money Penalties (CMPs). Let’s delve into these proposed changes and understand their implications for nursing home quality and resident care.

  1. Enhancing Consistency in CMP Imposition:

CMS’s proposal aims to address disparities in CMP imposition across states, where penalties vary based on factors like the duration of noncompliance and survey timing. By standardizing CMP amounts and expanding enforcement capabilities, CMS seeks to ensure a more equitable approach to penalizing noncompliance.

  1. Flexibility in Penalty Imposition:

One key aspect of the proposed changes is the introduction of multiple CMPs for the same type of noncompliance. This means that nursing facilities could face penalties for each instance of a violation, rather than a single penalty for all occurrences. If surveyors identify several instances of noncompliance in reference to a specific requirement that occurred on different days they would be able to impose a per instance CMP for each occurrence of noncompliance. For example if surveyors are investigating two facility-reported events related to abuse during the survey and they substantiate that abuse occurred in both situations, both of these instances would be referenced under the F600 citation and you could receive a separate CMP for both even though you received only one F-Tag citation.

  1. Extending Look-Back Period for CMP Calculation:

Another significant revision involves extending the look-back period for CMP calculation from the last standard survey to the last three standard surveys. This adjustment allows regulators to consider a broader timeframe when assessing penalties, ensuring that patterns of noncompliance are appropriately addressed.

  1. Promoting Lasting Compliance:

Ultimately, these proposed changes aim to foster lasting compliance among nursing facilities, thereby enhancing the quality of care provided to residents. By aligning penalties with the severity of violations and extending the scope of enforcement actions, CMS seeks to create stronger incentives for facilities to uphold regulatory standards.

By fostering greater consistency, flexibility, and accountability in penalty imposition, CMS aims to drive positive outcomes and ensure that nursing homes uphold the highest standards of care.

Join us for our upcoming 5-Star Webinar Series and equip yourself with the knowledge and strategies needed to elevate your facility’s 5-star rating and enhance the quality of care provided to residents. With a focus on achieving and maintaining compliance, our webinars will empower you to proactively address areas of concern, mitigate risks, and ultimately, lead your facility to better survey outcomes. By implementing the learnings from our webinar series, you’ll not only enhance the quality of care for your residents but also reduce the likelihood of incurring penalties from regulatory agencies. Don’t miss this opportunity to transform your approach to nursing facility management and pave the way towards excellence in resident care. Reserve your spot today and take the first step towards achieving 5-star success!




Written by Shelly Maffia, RN, MSN, MBA, LNHA, QCP, CHC, CLNC, CPC
Director of Regulatory Services

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