Revision of Civil Money Penalty (CMP) Policies and CMP Analytic Tool
CMS issued Survey and Certification Letter 17-37-NH with revisions to the Civil Money Penalty (CMP) Policies and CMP Analytic Tool. When noncompliance exists, enforcement remedies, such as civil money penalties (CMPs), are issued with the intent to promote a swift return to substantial compliance for a sustained period of time, preventing future noncompliance. To increase national consistency in imposing CMPs, the Centers for Medicare & Medicaid Services (CMS) revised the CMP analytic tool in the following areas which are further explained within this policy memorandum:
- Past Noncompliance;
- Per Instance CMP is the Default for Noncompliance Existed Before the Survey;
- Per Day CMP is the Default for Noncompliance Existing During the Survey and Beyond;
- Revisit Timing; and
- Review of High CMPs
This policy memo replaces S&C Memo 15-16-NH. The prior versions of the CMP Tool are obsolete, as of the effective date of this memo, July 17, 2017.