Aging Services has an opportunity to submit specific, documented examples of inconsistencies with the state agency's and CMS' survey and enforcement system of nursing homes for the purpose of addressing policy and inconsistency. CMS staff have advised they are committed to...
...creating a consistent survey and enforcement process. They have agreed to review and evaluate any examples we provide. Please contact Bonnie Blachly with your information and questions.
LeadingAge has been advised of ongoing challenges with State Survey Agencies (SAs) and
CMS Regional Offices (ROs), and is in the process of compiling concrete examples of any
SA or RO not following the protocols set forth in the State Operations Manual
(SOM) for both survey and enforcement.
For example, they have been advised of
the “re-opening” of a closed survey 18 months after the facility was found in
compliance. Another example involved the RO directing the SA to “take
back” a final Statement of Deficiencies [2567] and Plan of Correction (PoC) and
require amendment to incorporate very specific language in the PoC.
Examples of specific deficiencies and/or the validity of those deficiencies based on inconsistencies in interpreting compliance with a particular F-Tag or K-Tag will also be considered. An additional example may be your state’s definition of “fully sprinklered.”
Once we obtain and relay our input, CMS will review and determine how to best address
these inconsistencies. Please
note that we
may not be able to bring all issues before CMS, but will prioritize based on
the number and similarity of concerns submitted. This
process will not be used to bypass the IDR or IIDR processes, nor can it be
used to advocate for overturning an individual circumstance.
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