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Compliance is mandatory for SNFs! Is your compliance program survey-ready?

Sign up for MPA's Virtual Compliance Officer Training Course

*** Approved for 5 hours of NAB CEUs***

Compliance is mandatory for SNFs! Is your compliance program survey-ready?

Sign up for MPA's Virtual Compliance Officer Training Course

*** Approved for 5 hours of NAB CEUs***

Compliance is mandatory for SNFs! Is your compliance program survey-ready?

Sign up for MPA's Virtual Compliance Officer Training Course

*** Approved for 5 hours of NAB CEUs***

Nursing homes have been through a lot in the past pandemic-year (to put it mildly). Possibly more than any other category of organizations. The constant changes in surveys have not made this easier:

• In March 2020, CMS temporarily suspended routine nursing home surveys due to COVID-19, in order to focus on infection control and Immediate Jeopardy issues.
• In August 2020, CMS announced that it would resume onsite surveys, and expand desk reviews. 
• In December 2020, we learned that the pandemic has created significant state survey backlogs. 

What’s next?

The OIG recommended that backlogged surveys be completed. And we know infection control is still a top concern – but that the comprehensive survey process is also back. We also know that – at some point in the future – Compliance and Ethics programs will be part of the nursing home survey process. We are still waiting on a final rule and surveyor guidance addressing these Compliance and Ethics programs – but the fact is, at the present moment, compliance programs are mandatory for nursing homes and will become part of the survey process.

Many nursing homes put compliance on hold – understandably - when COVID-19 hit. If your organization is not ready to be surveyed on compliance, now is the time to get ready. Here is what you need:

• Written standards, policies and procedures
• Assignment of responsibility to high-level personnel
• Sufficient resources and authority
• Due care not to delegate to those with a propensity to commit crimes
• Policy communication to staff, contractors and volunteers
• Auditing and monitoring
• Reporting system
• Disciplinary enforcement
• Corrective action
• Annual review

Chains of 5+ SNFs also need:

• Mandatory annual compliance training
• Compliance officer who reports to the governing body
• Compliance liaisons at each facility

While these requirements could change with the issuance of the Final Rule and surveyor guidance, MPA recommends building your program to meet these guidelines plus OIG guidance – and adjusting your program if and when changes are made.

MPA can help

MPA has SNF compliance programs available for purchase and download on our store. They meet current Phase 3 requirements, and they come with 12 months of updates – if requirements change, MPA updates the program for you at no additional charge. MPA can also conduct your annual review.

Get your compliance program ready for survey with MPA's Training E-Course:

DOJ, OIG, and Phase 3 requirements - oh my!

It's a little different from lions, tigers, and bears, but can seem just as scary:

What do nursing homes need to address in their compliance programs??

CMS recently announced that it is bringing back routine nursing home surveys.

The OIG has recommended compliance programs for 20+ years - and has guidance on the topic. So does the DOJ. That's a lot to sort through.

Download MPA's SNF Compliance Checklist and learn what needs to be in a SNF compliance program - and how you measure up.

Download now

With CMS resuming routine nursing home surveys, it’s time to get your compliance and ethics program ready for future surveys.

Whether you are new to compliance or want to make sure you are ready to lead a Phase 3 Compliance and Ethics Program, MPA’s 4-part virtual how-to course can help. Sign up now and receive:

• Four 75-minute classes. We will keep the class going until all your questions are answered!
• One free compliance tool per class
• A 20% discount on MPA’s SNF Compliance Program (save $350)

Sign up for one course, or all four.

Price: $95 per course or $325 for all four. Sign up now.

Those enrolled in all four courses will receive a digital step-by-step compliance program implementation guide.

Can’t attend live? All attendees will receive access to the recorded classes for 6 months.

With CMS resuming routine nursing home surveys, it’s time to get your compliance and ethics program ready for future surveys.

Whether you are new to compliance or want to make sure you are ready to lead a Phase 3 Compliance and Ethics Program, MPA’s 4-part virtual how-to course can help. Sign up now and receive:

• Four 75-minute classes. We will keep the class going until all your questions are answered!
• One free compliance tool per class
• A 20% discount on MPA’s SNF Compliance Program (save $350)

Sign up for one course, or all four.

Price: $95 per course or $325 for all four. Sign up now.

Those enrolled in all four courses will receive a digital step-by-step compliance program implementation guide.

Can’t attend live? All attendees will receive access to the recorded classes for 6 months.

In March, CMS announced that it was suspending routine surveys for nursing homes during the pandemic, in order to focus on infection control and Immediate Jeopardy issues. However, CMS announced on Monday that this suspension is coming to an end.

In its memo to State Survey Agency Directors, titled: Enforcement Cases Held during the Prioritization Period and Revised Survey Prioritization, CMS announced that it is resuming onsite revisits and other surveys, and expanding its desk review.

In addition to the expanded surveys previously authorized for states entering Phase 3 of the Nursing Homes Reopening guidance, CMS is authorizing further survey expansion. The guidance states (direct quote):

On June 11, CMS issued an alert warning nursing homes not to seize residents' CARES Act stimulus checks. Providers that do so could lose their Medicare and Medicaid contracts.

CMS cited resident rights laws in support of its warning:

• 42 CFR 483.12, Freedom from Abuse, Neglect and Exploitation (prohibition against misappropriation of resident property): "the deliberate misplacement, exploitation or wrongful, temporary, or permanent use of a resident's belongings or money without the resident's consent."
• 42 CFR 483.10, each resident has "the right to manage his or her financial affairs"; "The facility must not require residents to deposit their personal funds with the facility. If a resident chooses to deposit personal funds with the facility, upon written authorization of a resident, the facility must act as a fiduciary of the resident's funds and hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility...."

The FTC issued a consumer alert advising Medicaid beneficiaries that nursing homes CANNOT require them to sign their CARES Act stimulus checks over to the nursing home. The FTC encourages residents who have been asked by nursing homes for their CARES Act checks to complaint to the state attorney general.

MPA has updated its Resident Rights Policy and Resident Rights Summary to reflect this alert. Subscribers to MPA's Nursing Home Compliance Program received an email with the new policy downloads today. Click here to subscribe.

I hope you can join me for MPA's upcoming complimentary webinars:

For all providers:

Keeping Compliant During COVID-19

May 19, 2020, 12 CST

Register

For nursing homes:

Phase 3 Compliance Webinar: Social Media Compliance During a Pandemic

May 27, 2020, 12 CST

Register now

Zoom will email you a link to access the webinar - and I will also send this link around the day before the webinar.

Have a great day!

COVID-19 Discounts:

• All digital download HIPAA Tool Kits are 50% off until June.
• Compliance program annual reviews are 25% off until June (call or email me for info)
• Our HIPAA & COVID-19 Toolkit is available at the discounted price of $95.
• MPA will continue putting out HIPAA announcements, news, and tips on the blog. 
• MPA has free compliance and HIPAA resources on its Free Resources page.