The new Conditions of Participation published by the Centers for Medicare and Medicaid Services (CMS) on October 4, 2016 require nursing facility providers to make a number of changes to their policies, procedures, agreements and operations in advance of the Phase 1 implementation date of November 28, 2016. Compliance efforts should be ongoing to adjust facility policies and procedures and to train staff in how to implement the changes internally. Resources are available for nursing facilities that could use assistance in drafting new policies and procedures in compliance with the new rules, including sample policies developed by Chiles Healthcare Consulting, LLC.
While each nursing facility implements the sweeping changes incorporated into the new Conditions of Participation, admission agreements should receive special focus. For surveyors also becoming familiar with the new rules, statements made in black and white in a written admission agreement are relatively simple to compare to the new requirements in a search for survey deficiencies. Thus, facility staff need to review and update the terms of service communicated in admission agreements between nursing facilities and new residents to match the new Conditions of Participation.
Nursing facilities should act now to ensure that the admission agreements they use beginning on November 28, 2016 and beyond are compliant with the Phase 1 changes. The following is a checklist of likely modifications to admission agreements; facilities need to make these modifications to ensure compliance with Phase 1 changes in the Conditions of Participation:
Nursing facilities should revise their admission agreements now to implement the above changes where current agreements conflict with the new rules. CMS will be publishing future guidance on many of the above issues. Facilities should anticipate making additional modifications to comply with applicable guidance.
Should you or your organization have any questions regarding implementation of the new Conditions of Participation, please contact Peter Mellette, Nathan Mortier, or Harrison Gibbs, or call Mellette PC at (757) 259-9200.
This Client Advisory is for general educational purposes only. It is not intended to provide legal advice specific to any situation you may have. Individuals desiring legal advice should consult legal counsel for up-to-date and fact-specific advice.