ACA Nursing Home CMP Provisions
On July 12, 2010, CMS published a proposed rule that would implement provisions of the Affordable Care Act that revise Medicare and Medicaid regulations regarding the imposition and collection of civil money penalties (CMPs) by CMS when nursing homes are not in compliance with federal participation requirements. Specifically, the proposed rule would: allow for CMP reductions when facilities self-report and promptly correct their noncompliance; offer in cases where CMPs are imposed an independent informal dispute resolution process; provide for the establishment of an escrow account where CMPs may be placed until any applicable administrative appeal processes have been completed; and, improve the extent to which CMPs collected from Medicare facilities can benefit nursing home residents. Comments will be accepted until August 11, 2010.
