CMS Issues Memo Outlining Revisions to the State Operations Manual – Chapters 5 & 7

Regulations; CMS; Survey and Certification
 
​The Centers for Medicare and Medicaid Services (CMS) released a 300-page memo to state survey agencies outlining revisions to chapters 5 and 7 of the State Operations Manual. AHCA’s Regulatory team is reviewing the memo and has developed an initial summary with highlights (member log-in required). The team will continue to review the memo and share additional details soon.  

Upon initial read, CMS addressed improvements including (1) timely response to Informal Dispute Resolutions and provision of written rationale for the decision made; and (2) allowance of offsite desk paper reviews for revisits where deficiencies are less serious and do not require onsite observation.  

However, there are some concerns about the inclusion of the Civil Monetary Penalties enforcement expansion designed by the last Administration. AHCA recognizes rulemaking is required to change this policy and will continue to advocate on this, as well as our additional solutions to rationalize the regulatory environment so that it is fair, balanced, and focused on meaningful ways to improve care for residents.  

CMS directs providers with questions to email them at DNH_TriageTeam@cms.hhs.gov. Members may also email the AHCA Regulatory Team.