On November 22, 2019, CMS issued a memorandum with an update on the Phase 3 Requirements of Participation. In this memo, CMS advised:
- CMS will not release updated Interpretive Guidance and training addressing Phase 3 until the second quarter of 2020.
- But... nursing homes are still expected to require with Phase 3 by November 28, 2019.
Here is what CMS said:
"While the Phase 3 requirements will be effective November 28, 2019 and facilities are required to comply with these and all requirements, our ability to survey for compliance with these requirements will be limited until the Interpretive Guidance is released."
What does this mean??
It means that, right now, nursing homes are required by law to comply with the Phase 3, including the Compliance and Ethics Program requirements - and CMS expects nursing homes to be in compliance.