CMS Announces Civil Money Penalties Resource
The Centers for Medicare and Medicaid Services (CMS) issued a Survey and Certification letter (S&C 17-08) announcing a web page that will house general information on the reinvestment of State Civil Money Penalty (CMP) funds. This web page serves as a location to house pertinent information for entities interested in applying for State CMP funds, States and Regional Offices (ROs), and other stakeholders.
Sections 1819(h)(2)(B)(ii)(IV)(ff) and 1919(h)(3)(C)(ii)(IV)(ff) of the Social Security Act (the Act) incorporate specific provisions of the Patient Protection and Affordable Care Act, pertaining to the collection and uses of CMPs imposed by CMS when skilled nursing facilities (SNFs), nursing facilities (NFs), and dually-certified SNF/NF do not meet requirements for Long Term Care Facilities. The Act (and 42 CFR §488.433) provides that collected CMP funds may be used to support activities that benefit residents of these facilities, including the following:
- Assistance to support and protect residents of a facility that closes (voluntarily or involuntarily) or is decertified (including offsetting costs of relocating residents to home and community-based settings or another facility);
- Projects that support resident and family councils and other consumer involvement in assuring quality care in facilities; and
- Facility improvement initiatives approved by the Secretary (including joint training of facility staff and surveyors, technical assistance for facilities implementing quality assurance programs, the development and maintenance of temporary management, and other activities approved by the Secretary).
The web page contains a Frequently Asked Questions document, an example application for the use of CMP funds, examples of CMP funded projects, and CMP contacts by State. In order for State CMP contacts to remain accurate, States shall inform their CMS ROs when there is a need to update their information.
Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832