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ACE Blast: CMS Publishes Information on Nursing Home Enforcement Actions


Email Alert

June 8, 2016

By Nina Adatia Marsden*

This Accreditation, Certification, and Enrollment (ACE) Blast is a legal alert brought to you by the ACE Affinity Group (AG). The ACE AG provides an organized forum for members to learn about legal developments and best practices relating to the ACE of health care providers and health care professionals.

On June 3, the Centers for Medicare & Medicaid Services (CMS) posted information on its website about nursing home provider enforcement as “part of . . . ongoing efforts to ensure transparency, consistency of application of enforcement remedies, and data management to track enforcement actions across the nation.” In addition to posting a series of Frequently Asked Questions (FAQs) relating to nursing home enforcement actions, CMS posted “Nursing Home Enforcement Reports Through December 31, 2014,” a document that presents information and data regarding nursing home provider enforcement between 2006 and 2014, including:

  • General information about enforcement actions taken by CMS Regional Offices or State Survey Agencies when a nursing home is not in compliance with Medicare and/or Medicaid requirements at 42 C.F.R. Part 483; and
  • Reports detailing the distribution of federal enforcement remedies in effect during calendar years 2006 through 2014, based on Health Inspection and Life Safety Code Standard and Complaint surveys conducted by State Survey Agencies during those years.

The enforcement reports present the following specific data:

  • Number of enforcement remedies in effect for all surveys by region;
  • Number of enforcement remedies in effect for all surveys by state;
  • Percent of providers with remedies in effect by region; and
  • Civil Monetary Penalties by region.

Notably, “Nursing Home Enforcement Reports Through December 31, 2014” also includes a discussion of the impact of the recent recession on nursing home surveys and enforcement actions.

Access “Nursing Home Enforcement Reports Through December 31, 2014” and the related FAQs.

*We would like to thank Nina Adatia Marsden (Hooper Lundy & Bookman PC, Los Angeles, CA) for authoring this email alert. We also would like to thank the Accreditation, Certification, and Enrollment Affinity Group leadership for sharing this email alert with the Post-Acute and Long Term Services Practice Group.

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