CMS updated guidance Jan. 30 that will change the way investigations and enforcement of noncompliant nursing homes and similar facilities are handled.
The updates will take effect March 30. Here are some of the most notable changes:
1. Guidance on identifying immediate jeopardy was updated, as well as determining when the designation is removed and outlining conditions for lowering severity level once it has been removed. The guidance also clarified when action plans would be accepted following a warning.
2. Survey teams should be based on the facility’s prior noncompliance and complaint history, with specialists on hand as needed.
3. Initial and recertification surveys must be performed by a multidisciplinary team, which must include a registered nurse.
4. Enforcement guidance has been revised to align civil monetary penalties with current practices and the fiscal year 2025 final rule for payments to skilled nursing facilities. This expands CMS’ ability to impose per-instance and per-day penalties.
5. Informal dispute resolution procedures were also adjusted to add guidance on uploading deficiencies pending IDR or independent IDR to the CMS record-keeping system to improve transparency.
Read about all the changes here.
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