CMS Issues Advance Copy of SOM Chapter 7 Revisions

In a March 28, 2014 Survey & Certification Memo to State Agency Directors (S&C -14-18-NH,) the Centers for Medicare and Medicaid Services (CMS) provides an Advance Copy of Chapter 7 of the State Operations Manual (SOM) which has been revised to incorporate the following provisions of Section 6111 of the Patient Protection and Affordable Care Act (the Affordable Care Act).

  • Independent IDR:  An independent informal dispute resolution process (IIDR) will be available when a civil money penalty (CMP) is imposed.
  • Escrow:  After an independent IDR, CMP funds will be collected and placed in escrow pending completion of any formal appeal.
  • 50 Percent Reduction:  A CMP may be reduced by 50 percent in certain cases of prompt correction for self-reported non-compliance.
  • Use of CMP Funds:  A portion of the CMP attributable to Medicare may be used for programs for the protection or benefit of nursing home residents.
  • Reminder of Survey Process Timeframes: The SOM highlights specific timeframes associated with the survey process and emphasizes the importance of meeting these timeframes.  It reiterates reiterating the requirements for enforcement action timelines when immediate jeopardy exists and when immediate jeopardy does not exist. 

The Memo can be accessed here