Subject Matter: CMS Rule Would Reduce Civil Monetary Penalties for Nursing Homes in Certain Cases
Yesterday, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule in the Federal Register that would affect the amount and collection of nursing home civil monetary penalties (CMP).
The proposed rule permits nursing homes to receive a 50 percent reduction in CMPs for non-immediate jeopardy violations if the nursing facility:
1. Self-reports the violation before it is discovered by CMS or the state survey agency
2. Corrects the violation within 10 days of being identified by the facility
3. Waives the right to an administrative hearing on the violation.
The proposed rule also includes a provision that allows the secretary of U.S. Department of Health and Human Services (HHS) to collect all CMPs and place them in escrow until all appeals are exhausted.
Under the rule, CMPs would be collected and placed in escrow on the earlier to occur of completion of an independent informal dispute resolution process, or 90 days following imposition of the CMP.
Comments on the proposed rule are due by August 11.
Document Date: July 13, 2010
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