CMS Announces Changes to CMP Structure for Nursing Homes

On July 28, 2021, the Centers for Medicare and Medicaid Services (CMS) issued memo QSO-21-20-NH modifying earlier guidance pertaining to the imposition of Civil Monetary Penalties (CMPs). CMS is removing an earlier memo, S&C 17-37-NH, from its guidance repository. In that memo, CMS instructed CMS Locations (formerly Regional Offices) to impose CMPs for prior noncompliance solely on a per-instance basis. Upon further consideration, CMS has determined that the agency should retain the discretion at this time to impose a per-day penalty where appropriate to address specific circumstances of prior noncompliance.

A per-day CMP can range in amount from $6,808 to $22,320 per day for deficiencies constituting immediate jeopardy to nursing facility residents. A per-instance CMP can range from $2,233 to $22,320 per instance. A per-instance CMP is capped at $22,320 per day, whereas a per-day fine can continue until deemed corrected. The per-day CMP thus punishes a nursing facility more severely the longer it is uncorrected.

Contact: Elliott Frost, efrost@leadingageny.org, 518-441-8761