The Centers for Medicare & Medicaid Services (CMS) recently issued a final rule that revises and expands CMS’ authority to impose civil monetary penalties (CMPs) against nursing homes that do not comply with Federal participation requirements. Under the final rule, CMS is permitted to reduce the amount of CMPs up to 50 percent if a nursing home self-reported its non-compliance or corrected its non-compliance within 10 days and the issue was not identified by CMS or the state. CMS may not consider a penalty reduction if a nursing home attempts to self-report after CMS identifies the non-compliance or if the non-compliance jeopardizes patient health, indicates a pattern of harm to patients, or resulted in a resident’s death. The final rule implements Section 6011 of the Patient Protection and Affordable Care Act. The final rule can be accessed at: http://edocket.access.gpo.gov/2011/pdf/2011-6144.pdf
Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes, 76 Fed. Reg. 53, 15106, 15128 (Mar. 18, 2011).