Skip to Main Content
Title
Mandatory Immediate Imposition of Federal Remedies and Assessment Factors Used to Determine the Seriousness of Deficiencies for Nursing Homes
Memo #
16-31-NH
Posting Date
2016-07-29
Fiscal Year
2016
Summary
REVISED 07.29.16 to add temporary management under remedies for termination and correct the effective date. Revisions to the SOM are in yellow highlight. •Revisions to Chapter 7 of the State Operations Manual (SOM): This policy memorandum provides advanced guidance relating to revisions in SOM sections §7304 through 7304.3, 7306.1, 7308.3, 7400.5.1, 7400.6.2 and 7313.2 regarding policies on the Immediate Imposition of Federal Remedies (previously referred to as Opportunity to Correct or No Opportunity to Correct). Sections 7304.2.1 and 7304.2.2 are being deleted and incorporated into the revised sections noted above. •Civil Money Penalties (CMPs) for Immediate Jeopardy (IJ): The Centers for Medicare & Medicaid Services (CMS) Regional Office (RO) must now immediately impose a CMP any time Immediate Jeopardy (IJ) is cited. •Immediate Imposition of Remedies Required: Irrespective of a state recommendation to impose or not impose a remedy, the CMS RO must immediately impose, without permitting a facility an opportunity to correct deficiencies, one or more federal remedies based on the seriousness of the deficiencies or when actual harm or Substandard Quality of Care (SQC) is identified as outlined in §7304.1.
.