- THCA

Volume XXXI, Number 6
June 2016

Nursing Home Enforcement Information

Sections 1819(h) and 1919(h) of the Social Security Act (”the Act”), as well as implementing regulations at 42 C.F.R. Part 488, subpart F, “Enforcement of Compliance for Long Term Care Facilities with Deficiencies,” provide that the CMS or the State, respectively, may impose one or more enforcement remedies when a facility is out of compliance with Medicare and Medicaid program participation requirements. CMS posted information about nursing home provider enforcement as part of their ongoing efforts to ensure transparency, consistency of application of enforcement remedies, and data management to track enforcement actions across the nation. The information was issued by CMS in S&C: 16-27-NH.

This information contains data on nursing home enforcement actions between 2006 and 2014. It includes:

General information about nursing home enforcement such as an explanation of the scope and severity of deficiencies and the types of enforcement actions that may be imposed;

Frequently asked questions (FAQs) related to enforcement actions including where more information may be located; and,

Enforcement reports detailing the distribution of federal enforcement remedies imposed from 2006 to 2014 by CMS Region and State, by type of enforcement action, and by year imposed.

The enforcement reports include the following data:

Enforcement Remedies In Effect for All Surveys by Region: This table includes, by Region, the number of enforcement remedies in effect for all surveys, as reported in the Certification and Survey Provider Enhanced Reports (CASPER), a national Federal database system.

Enforcement Remedies In Effect for All Surveys by State: This table includes, by State, the number of enforcement remedies in effect for all surveys, as reported in CASPER.

Percent of Providers with Remedies by Region: This table includes, by Region, the percent of nursing home providers with remedies imposed, as reported in CASPER.

Civil Money Penalties (CMPs) by Region: This table includes, by Region, information about Per Day and Per Instance CMPs imposed frequencies, as reported in CASPER and verified against the Civil Money Penalty Tracking System (CMPTS), a national Federal database system.

________________

If you have any questions about the THCA Commitment to Care Initiative or would like to share your facilities successes please contact Gloria Bean-Williams by email or call (512) 458-1257.