CMS Permits Extension of Sprinkler Mandate Deadline for LTC Facilities Under Construction

CMS has published an amendment to its regulations to allow certain nursing facilities and skilled nursing facilities to apply for an extension of up to two years of the deadline to install sprinkler systems. In addition, the regulation allows facilities to seek a renewal of the extension for up to one additional year. In order to qualify for an initial extension, facilities must meet all of the following conditions:

[The facility] is in the process of replacing its current building, or undergoing major modifications to improve the living conditions for residents in all unsprinklered living areas and that requires the movement of corridor, room, partition, or structural walls or supports, in addition to the installation of a sprinkler system; or has had its planned sprinkler system installation so impaired by a disaster or emergency . . . that CMS finds it would be impractical to meet the sprinkler installation due date.

[The facility] demonstrates that it has made the necessary financial commitments to complete the building replacement or modification; or pursuant to a declared disaster or emergency, CMS finds it impractical to make reasonable financial commitments.

Before applying for the deadline extension, [the facility] has submitted plans to the State and local authorities that are necessary for approval of the replacement building or major modification that include the required sprinkler installation and has received approval of the plans . . .; and

[The facility] agrees to complete interim steps to improve fire safety of the building while the construction is being completed, as determined by CMS.

79 Fed. Reg. 27126, 27155 (May 12, 2014). The full text of the regulation is available here.

Contact: Elliott Frost, efrost@leadingageny.org, 581-867-8383, ext. 140