CMS Provides Clarification on Timeframe to Submit a Plan of Correction
(Aug. 25, 2025) LeadingAge NY recently reached out to LeadingAge National to pose the following question to the Centers for Medicare and Medicaid Services (CMS) regarding the timeframe for submitting a Plan of Correction (POC).
When a nursing home receives a Statement of Deficiencies (SOD) following a CMS survey, timely response is critical. Facilities are required to submit a POC within a specific timeframe. But what exactly counts as “Day 1” in this 10-day window?
Understanding the 10-Day Timeline for Submitting a POC
After careful review of CMS guidance, particularly from the Survey Resources Folder, Chapter 7, Section 7317 – Acceptable Plan of Correction, the following has been confirmed:
- The date the facility receives Form CMS-2567 (the SOD) is considered Day 0.
- Day 1 is the first full calendar day following receipt of the SOD.
- This means that facilities are granted a complete 10 calendar days to respond.
For example, if a facility receives the SOD on Fri., Aug. 29th, then:
- Friday = Day 0 = Aug. 29th
- Saturday = Day 1= Aug. 30th
- The 10th day falls on the following Mon., Sept. 8th.
This interpretation ensures that facilities have a full 10 days to prepare and submit their response, rather than losing a day to the initial delivery.
Why This Matters
Understanding the correct start date for the 10-day count is essential for:
- Avoiding late submissions
- Ensuring compliance with CMS regulations
- Preserving the opportunity to request an Informal Dispute Resolution (IDR) if desired
For further clarification or specific concerns, facilities are encouraged to contact the CMS Nursing Home Survey Development Team directly at NHSurveyDevelopment@cms.hhs.gov.
Contact: Amy Nelson, anelson@leadingageny.org, 518-867-8383 ext. 146