CMS S&C Memo 16-38-ALL

CMS S&C Memo 16-38-ALL:  Notification of Final Rule Published-Emergency Preparedness

 

CMS S&C Memo 16-37-ALL

CMS S&C Memo 16-37-ALL:  Office of Civil Rights (OCR) Clearance

CMS S&C Memo:16-33-NH: Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing Home Staff

Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing Home Staff

  • Each resident has the right to be free from all types of abuse, including mental abuse. Mental abuse includes, but is not limited to, abuse that is facilitated or caused by nursing home staff taking or using photographs or recordings in any manner that would demean or humiliate a resident(s).
  • This CMS memo discusses the facility and State responsibilities related to the protection of residents

The CMS memo is attached or you may visit https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-16-33.pdf

CMS S&C Memo 16-31-NH: Mandatory Immediate Imposition of Federal Remedies and Assessment Factors Used to Determine the Seriousness of Deficiencies for Nursing Homes

CMS is implementing a national policy that requires the use of federal enforcement remedies when one or more residents suffer significant harm.

This new policy is effective for all surveys completed on or after September 1, 2016.

Please see the attached memo or you may visit https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/Survey-and-Cert-Letter-16-31.html?DLPage=1&DLEntries=10&DLFilter=nh&DLSort=2&DLSortDir=descending

CMS has released Design for Nursing Home Compare Five-Star Quality Rating System: Technical Users’ Guide, dated July 2016

The Centers for Medicare & Medicaid Services (CMS) made several changes to the quality measure (QM) domain of the Five Star Nursing Home Quality Rating System.   These include the addition of five new measures and several methodological changes.

The manual is available at https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/CertificationandComplianc/downloads/usersguide.pdf

CMS S&C Memo 16-40-NH/HHA/CLIA: Notice of Interim Final Rule (IFR) Agjusting Civil Monetary Penalties (CMPs)

The Department of Health and Human Services (HHS) has published in the Federal Register on September 6, 2016 an IFR which adjusts for inflation CMP amounts authorized under the Social Security Act.  (See Adjustment of Civil Monetary Penalties for Inflation)

The IFR establishes new section 45 CFR Part 102, which lists the new CMP amounts and ranges as adjusted by the IFR for affected regulations.  The changes made by the IFR are effective on September 6, 2016.

The IFR addresses all applicable CMPs under the authority of HHS but we are highlighting only on those CMPs assessed for Skilled Nursing facilities (SNFs), Nursing Facilities (NFs), SNFs/NFs, Home Health Agencies (HHAs), and Clinical laboratories.

Please see Attachment A for this S&C here.

For more information about this memo you may visit www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/Survey-and-Cert-Letter-16-40.html?DLPage=1&DLEntries=10&DLFilter=nh&DLSort=2&DLSortDir=descending.

CMS S&C Memo 16-37-ALL: Office of Civil Rights (OCR) Clearance

The Centers for Medicare & Medicaid Services (CMS) worked collaboratively with the OCR to revise the OCR clearance process for new providers and Changes of Ownership (CHOW).

The new process requires that providers successfully submit electronically an attestation of compliance with the civil rights requirements to the OCR before the State Survey Agencies (SA) and Regional Offices (RO) may process requests for initial surveys or CHOWs.

Confirmation from OCR of successful submission of the attestation will meet the requirements for OCR clearance and eliminates the need for CMS ROs to issue provisional provider agreements.

OCR will begin receiving electronic attestations on September 1, 2016.

Please see the attached Medicare Application Instructions.

For more information about this memo you may visit www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/Survey-and-Cert-Letter-16-37.html?DLPage=1&DLEntries=10&DLSort=2&DLSortDir=descending.

CMS S&C Memo:16-33-NH: Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing Home Staff

  • Each resident has the right to be free from all types of abuse, including mental abuse. Mental abuse includes, but is not limited to, abuse that is facilitated or caused by nursing home staff taking or using photographs or recordings in any manner that would demean or humiliate a resident(s).
  • This CMS memo discusses the facility and State responsibilities related to the protection of residents

The CMS memo is available at https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-16-33.pdf.

CMS S&C Memo 16-31-NH: Mandatory Immediate Imposition of Federal Remedies and Assessment Factors Used to Determine the Seriousness of Deficiencies for Nursing Homes

  • CMS is implementing a national policy that requires the use of federal enforcement remedies when one or more residents suffer significant harm.
  • This new policy is effective for all surveys completed on or after September 1, 2016.

For more information you may visit https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/Survey-and-Cert-Letter-16-31.html?DLPage=1&DLEntries=10&DLFilter=nh&DLSort=2&DLSortDir=descending.

CMS has published the updated Minimum Data Set (MDS) 3.0 Resident Assessment Instrument (RAI) Manual and forms which will be effective 10/1/2016

Section GG Part 1: www.youtube.com/watch?v=pNgQ3OSaxYg
Section GG Part 2: www.youtube.com/watch?v=M1JdQxjNOqE
Section GG Part 3: www.youtube.com/watch?v=ok3U2-mQymk
Section GG Part 4: www.youtube.com/watch?v=oRmMT_uYS8Y