CMS Update on Sprinkler Waiver

The requirement that all nursing homes be fully sprinklered becomes effective 8/13/13.  A waiver of the requirement had been proposed, but will not be in place by 8/13/13.  The waiver would apply in very limited situations, such as a building replacement or significant renovation, and would generally be granted for a period of two years with an extension possible in unique circumstances. In the absence of a waiver, CMS has no authority to grant extensions to the requirement and must enforce the current statutory deadlines.  In other words, facilities not in compliance with the requirement may face imposition of a Denial of Payment for New Admissions (DOPNA) at the 90th day after survey, and termination from the Medicare and Medicaid program if not in compliance by 180th day after survey.  In addition, a Civil Money Penalty (CMP) is possible in some situations.  CMS is currently working on a Survey and Certification (S&C) letter, expected within the next two weeks, that will address the potential impact to facilities when they are not in compliance and a waiver is not available.  In the meantime, CMS plans to determine compliance with the sprinkler requirements as part of facilities' next standard survey. 

Contact:  Elliott Frost, efrost@leadingageny.org, 518-867-8832