CMS Finalizes Revisions to CMP Rules for Nursing Homes


CMS, on March 18, 2011, published a final rule (76 Fed. Reg. 15601) that revises and expands current Medicare and Medicaid regulations concerning the imposition and collection of CMPs against nursing homes not in compliance with FFP requirements. The changes were mandated by Section 6111 of the Affordable Care Act and the rule is effective on 1/1/2012. The final rule allows Civil Money Penalty (CMP) reductions of up to 50 percent when facilities self-report and promptly correct their noncompliance.  However, the rule also indicates that "any attempted self-reporting of noncompliance by a facility after it was already identified by CMS will not be considered for any reduction." The rule provides for the establishment of an escrow account where CMPs may be placed until any applicable administrative appeal processes are completed.  

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Categories:Health and Human Services


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