CMS has issued a final rule in 42 CFR § 488.438(c)(2), which will be effective January 1, 2012, which states:
· “When CMS determines that a SNF, a dually participating SNF/NF, or an NF-only facility subject to a civil money penalty imposed by CMS self-reports and promptly corrects the non-compliance for which the civil money penalty was imposed, CMS will reduce the amount of the penalty by 50 percent, provided that all of the following apply:
1. The facility self-reported before it was identified by CMS or the state or by a complaint through a third party;
2. Correction of the self-reported non-compliance occurred on the earliest of:
(i) 15 calendar days from the date of the circumstance or incident that later resulted in a finding of non-compliance; or
(ii) 10 calendar days from the date the civil money penalty was imposed; and
3. The facility waived its rights to a hearing;
4. The compliance that was self-reported did not constitute a pattern of harm, widespread harm, or immediate jeopardy, or result in the death of a resident;
5. The civil money penalty was not imposed for repeated deficiency;
6. The facility has met mandatory reporting requirements for the incident or circumstances upon which the civil money penalty was based.
