CMS Proposes Nursing Home Voluntary Disclosure Rules

On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions:

1.         The nursing home must self-report the compliance violation before CMS or the state discovers the violation;

2.         The compliance violation must be self-corrected within 10 days of being identified by the nursing home;

3.         The nursing home must waive the right to an administrative hearing; and

4.         The violation must not involve issues that jeopardize patient health, are part of a pattern of long-term harm, or have resulted in a patient death.

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