New Federal Nursing Home Regulations

The Centers for Medicare & Medicaid Services (CMS) has updated the SOM Appendix PP to reflect new requirements that became effective Nov. 28, 2016. The Interpretive Guidance has not yet been updated, and we are uncertain as to when that will occur. Text changes are highlighted in red, and members may find the document (821 pages) helpful as they revise current policies and procedures to meet the new requirements.

LeadingAge NY is currently working with an organization that is developing a series of template policies and procedures to comply with the new requirements. We are not certain as to when these will be available and will keep members advised of any developments. In the meantime, members should continue to work on facility-specific policies and procedures and provide the appropriate training in order to be in compliance with the new regulations.

There have not been a large number of surveys completed since the effective implementation date of Nov. 28, 2016. Several members surveyed have said that the surveyors did not look at the new requirements, while a few members were questioned by survey staff about Phase 1 implementation.

One area that has been consistently looked at has been the nursing home policy regarding protecting residents from abuse related to photographs and videos. S&C 16-33, which we previously distributed to members, became effective in September 2016. All nursing homes are being asked at survey to provide their policy that prohibits staff from taking, keeping, and/or distributing photographs and recordings that demean or humiliate a resident(s).

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