Posted June 15, 2000
Effective January 1, 2000, HCFA is continuing remedies when, on a follow-up survey, the deficiencies from the initial survey are determined corrected but new deficiencies are identified.
Previously, this situation resulted in ending the previous action and a new action began. Now the entire period from the first survey until all deficiencies are corrected is considered the period of noncompliance, even though the deficiencies from the first survey are determined corrected and there is a period in which the facility is in compliance before the next deficiencies are determined to be out of compliance.
The end result is that CMPs may continue for a longer period of time, DOPNA will go into effect more often, and termination may occur, even though the facility can show periods of compliance during the time period.
The question remains – can they really do this under the current statute and regulations? We’ll let you know the answer as it unfolds.
(Regional Survey and Certification Letter No: 00-04)
For more information, write to JWard@GarloWard.com.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA