Wednesday, November 29, 2017

CMS Partially Delays Requirements of Participation Rule

Drew Thies

The Centers for Medicare & Medicaid Services (CMS) announced a partial delay of Phase II of the Requirements of Participation (RoP) rule late last week. The Survey and Certification Group (S&C) at CMS issued two memos just after the Thanksgiving holiday delaying enforcement provisions of the rule, but were short of a complete delay.

The action will stall the use of civil monetary penalties, denial of payment for new admissions, and discretionary termination for 18 months while facilities are educated about the new requirements.

CMS stopped short of delaying the new survey process included in the rule. While providers will not have to deal with financial penalties associated with non-compliance, there is still a significant financial burden in complying with the new survey system.

The delay comes after two letters were sent to CMS from Capitol Hill, one from the House with 122 bipartisan signatories and a Senate version with 22 signatories.

The first memo, titled Temporary Enforcement Delays for Certain Phase 2 F-Tags and Changes to Nursing Home Compare, is available online here. The second memo, titled Preparation for Launch of New Long-Term Care Survey Process (LTCSP), is available online here.

AHCA continues to work with CMS and Administrator Seema Verma to make regulations more provider-friendly and less costly. 

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