In July 2021 rescinded a previous Memo that called for per instance CMPS on eligible past noncompliance citations. Here is CMS Memo QSO-21-20-nh that is currently in effect. Due to the severity of some past noncompliance citations cited and the amount of time the immediate jeopardy existed at a facility, the CMP is determined by the local CMS region and has to be reviewed and approved by CMS leadership, sometimes causing a delay in assigning (and communicating) the actual fine amount. In this instance, the facility is still granted the same number of days (60 days) to file an Appeal or submit an Appeal waiver and the same number of days (14 from the day they received the letter) to file a financial hardship request. All CMS locations are required to use the CMP Analytic Tool and to: (1) to choose the appropriate type of CMP to be imposed; and (2) to calculate the CMP amount, when the CMS location determines that a CMP is an appropriate remedy to impose. The CMP Analytic Tool steps and instructions are also available in the CMP Analytic Tool User’s Guide (PDF).
