August 18, 2015
By Kim Parks*
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 August 14, the Centers for Medicare & Medicaid Services (CMS) announced revisions to the guidance content of Appendix J, Part II--Interpretive Guidelines--Responsibilities of Intermediate Care Facilities for Individuals with Intellectual Disabilities (at tags W129, W187, W190, and W261).1 The effective date of the revisions is August 14. According to the CMS transmittal summary, the following changes were made:
Tag W187--Appendix J, dated February 27, 2015, erroneously omitted guidance associated with regulation §483.430(d)(3) at tag W187 involving important and relevant guidance reflecting on-duty staffing ratios. Tag W187 has now been revised to reinstate the previous guidance on the minimum ratios of direct-care staff to clients.
Tag W129--The guidance associated with regulation §483.420(a)(7) at tag W129 was updated to remove the word “bedrooms” from the language on prohibited areas where video and audio taping can be conducted so that it is now consistent with Survey & Certification memorandums 11-34-ICF/MR and 15-23-ICF/IID.
Tags W190 and W261--The guidance associated with regulation §483.430(e)(2) at tag W190 was revised to correct incorrect punctuation and the guidance associated with regulation §483.440(f)(3) at tag W261 revised wording regarding the identity of committee members.
*We would like to thank Kim S. Parks (Bricker & Eckler LLP, Columbus, OH) for providing this email alert. We also would like to thank the Accreditation, Certification, and Enrollment Affinity Group for sharing this email alert with the Post-Acute and Long Term Services Practice Group and the Behavioral Health Task Force.
1 Transmittal R144SOMA.