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CMS Issues Guidance Related to the Imposition of Federal Remedies

The Centers for Medicare and Medicaid Services (CMS) has issued S&C 18-01, a draft of guidance related to Chapter 7 of the State Operations Manual (SOM). Chapter 7 applies to the range of enforcement remedies that may be applied in situations of noncompliance.

CMS has a wide range of remedies at its disposal, including fines (CMPs), denial of payment, directed plans of correction, state monitoring, or termination. CMS states in the letter that in addition to the required enforcement action(s), remedies should be selected that will bring about compliance quickly and maintain continued compliance. Noncompliance may occur for a variety of reasons and can result in various levels of harm or likely harm to residents. The CMS Regional Offices (ROs) should consider the extent to which the noncompliance is a one-time mistake or accident, the result of larger systemic concerns, or a more intentional action or disregard for resident health and safety.

Members may forward their comment either to Elliott Frost at efrost@leadingageny.org or directly to CMS at dnh_triageteam@cms.hhs.gov.

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