CMS Civil Monetary Penalties-Final Rule

On July 31, 2024, the Centers for Medicare & Medicaid Services (CMS) issued a final rule updating Medicare payment policies and rates for skilled nursing facilities under the Skilled Nursing Facility Prospective payment System (SNF PPS) for fiscal year 2025. Included in that rule are changes to CMS’ enforcement policies regarding civil monetary penalties. The rule expands the penalties that can be enforced on facilities, allowing for both per instance and per day CMPs to be imposed on the same survey as well as multiple per instance CMPs. Keep in mind that CMPs may not exceed the statutory daily limits. Also, CMS or the State can impose CMPs for the number of days of previously cited noncompliance since the last three standard surveys, for which a CMP has not yet been imposed. These changes are effective 10/5/24, however CMS will operationalize these requirements beginning 3/3/25.