Provider Letter No. 17-17 – DADS addresses Civil Money Penalty projects(CMP) regarding the documentation regarding the status of their project and the monitoring of the performance of the contract deliverables as indicated in Attachment C to the contract, Special Conditions for CMP Funded Contracts, section 4.01, Measurement. If your facility has applied and been approved by the Centers for Medicare & Medicaid Services (CMS) to receive CMP funds, your facility is subject to unannounced visits to ensure implementation of the project. DADS will measure satisfactory performance of the contract by results of audits, inspections, or quality checks.
CMS approval is required before using federally imposed CMP funds to pay for projects. Twice a year, DADS evaluates proposals to use CMP funds by using criteria developed by CMS. This criteria is published in CMS S&C 12-13-NH. A decision by DADS to not forward a proposal to CMS is not subject to appeal.
CMS imposes CMPs against Medicare-or Medicaid-certified nursing facilities that are out of compliance with the federal requirements for long-term care facilities. Sections 1819 and 1919 of the Social Security Act allow CMP funds to be used for projects and activities that benefit residents, including projects and activities that:
• support and protect residents of a facility that closes or is de-certified;
• support resident and family councils and other consumer involvement to ensure quality care; and
• improve the facility through CMS-approved initiatives, such as culture change.
Details on how to apply for funds via the application guideline : HERE