The CMS published a proposed revised rule on civil monetary penalties for nursing homes, making changes that conform to the Patient Protection and Affordable Care Act of 2010.
Rule would give CMS flexibility on nursing home penalties
The rule would establish new authority allowing the CMS to reduce penalties by as much as 50% if a facility reports and promptly corrects a deficiency. The leniency would be off the table if the problem is a recurring issue, part of a pattern of harm, caused a death or put residents in immediate jeopardy.
The rule would allow a portion of the penalty amount to go toward protecting or otherwise benefiting the nursing home’s residents rather than flowing into the federal treasury. The money, for example, could be used for relocating residents or to support resident and family councils.
The rule also would give nursing homes an opportunity to seek independent, informal dispute resolution before making a formal appeal.
Send us a letter
Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print.