powered by LeadingAge New York

Civil Money Penalty Reinvestment Program

In a Sept. 4, 2019 letter, the Centers for Medicare and Medicaid Services (CMS) provided updated information and added Civil Money Penalty (CMP) reinvestment resources to the CMP Reinvestment Program web page.

Updated resources include the following:

  •  CMP reinvestment application resources 
  •  CMP reinvestment state plan resources
  •  State CMP reinvestment projects funded in calendar years (CY) 2017 and 2018
  •  Examples of CMP-funded projects as well as non-allowable uses of CMP funding

A federal CMP is a monetary penalty that CMS may impose against nursing homes for either the number of days or for each instance a nursing home is not in substantial compliance with one or more Medicare and Medicaid participation requirements for long term care facilities. After CMPs are collected, a portion is provided back to the State. Federal law and regulation at 42 CFR 488.433(a)-(b) provides that CMP funds must be reinvested to support projects that benefit nursing home residents and that protect or improve their quality of care or quality of life. Furthermore, 42 CFR 488.433(e) requires the State to maintain an acceptable plan, approved by CMS, for the effective use of CMP reinvestment funds.

In November 2016, CMS published the CMP Reinvestment Program web page to house general information on the reinvestment of CMP funds. This web page serves as a location for pertinent information designed for entities interested in applying for CMP funds, State Agencies (SA), CMS Regional Offices (ROs), and other stakeholders. Since its launch, many resources have been added, including an example application for the use of CMP funds, examples of CMP-funded projects, lists of CMP reinvestment projects funded in CY 2016 and 2017, and CMP reinvestment state plan resources.

At the next New York State Department of Health (DOH)/Provider Association meeting, scheduled for Oct. 17, 2019, LeadingAge NY will add an item seeking to be updated on the use of CMP monies in New York State.

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