CMS Repeals Nursing Home Minimum Staffing Standards
An interim final rule repealing the nursing home minimum staffing standards was released to the Federal Register on December 2. Read the LeadingAge press release on this interim final rule here. It is important to note that the rule released on December 2 does not repeal the entire rule that was finalized in May 2024. The interim final rule repeals only the staffing standards portion of the May 2024 rule. Requirements for enhanced Facility Assessment and Medicaid payment transparency reporting remain in effect. The December 2 rule includes a comment period for soliciting public feedback, ending in early February. It is likely that we will see a rule proposed in the future that addresses nursing home staffing in some way; CMS will use comments received on this interim final rule to guide future rulemaking. For more information on this interim final rule and the life of the minimum staffing standards, check out the LeadingAge serial post.
CMS Releases New Resources Following CMPRP Revisions
Following the September 29 revisions to the Civil Money Penalties Reinvestment Program (CMPRP), the Centers for Medicare & Medicaid Services (CMS) released several new resources to assist providers in applying for CMPRP funding. Resources are available in the “Downloads” section on the CMS webpage and include a new standardized application and budget attachment; a comprehensive application handbook that includes information on allowable expenses, tips on completing applications, and a sample project application; a Frequently Asked Questions document; and a new resource that discloses available CMPRP funds by state. While LeadingAge had hoped program revisions would include expansions to allow program funds to be used for telemedicine supplies, we are pleased that project expansions include behavioral health and workforce development and will continue to address technology needs with CMS. We appreciate the updated resources and encourage members to access these funds for projects improving quality of care and quality of life for nursing home residents.
CMS Releases Letter to States on Partnership to Prosecute Fraud
On November 25, CMS Administrator Oz sent a letter to governors asking them to partner with CMS on pursuing tax fraud cases as a mechanism to prosecute fraudulent Medicare providers and suppliers. The letter notes that this strategy has been used already to identify and prosecute 12 Medicare suppliers and providers who had received fraudulent Medicare payments that they then failed to report as income, which also leaves these providers and suppliers open to state tax evasion charges. The letter proposes more states partner with CMS to leverage Medicare enforcement with state tax enforcement to prosecute these bad actors to result in wins for the Medicare program and for states. LeadingAge has been advocating for additional oversight of fraudulent providers, particularly in home health and hospice, and would love to hear from providers and others if they hear anything about their states working with CMS on this approach. The letter can be found here.
Kansas has heard there are already some instances of auditors connecting with Kansas aging services providers including nursing homes, assisted living, and other state licensed only regarding hospice services and recertification processes.
