As reported recently CMS issued QSO-21-20-NH that removes the previous memo that called for imposition of CMPs for prior noncompliance solely on a per-instance (not daily) basis. In a “turnabout “as spelled out in the new memo, CMS has determined that the agency should retain the discretion at this time to impose a per-day penalty where appropriate to address specific circumstances of prior noncompliance.
Follow up investigation revealed that no entity outside CMS was given advance notice of the change, including LeadingAge national, other associations or state survey agencies. In a meeting with KDADS yesterday, LeadingAge Kansas strongly advocated against reinstitution of per day CMPs for past noncompliance, noting the extremely fragile financial state of many providers already. KDADS officials clarified that this enforcement action is under CMS’s control, not KDADS. Further, the memo only applies to Medicare (or Medicare AND Medicaid) certified nursing homes. It does not apply to Medicaid only NF, which are subject to state CMP limitations according to KSA 39-946(b). KDADS officials are meeting with CMS officials later this week to get further clarification on a number of questions they have related to QSO-21-20-nh.
