Last Friday, CMS, issued a notice regarding proposed new rules.
Anticipated 1150B Delegation of Authority: We are looking to publish a
proposed rule to fully enforce Section 1150B requirements for reporting crimes to
nursing home residents, we are proposing a regulation that will allow Civil
Money Penalties (CMPs) to be imposed of up to $200,000 against covered
individuals (staff, volunteers, etc.) who fail to report reasonable suspicion of
crimes. This proposed regulation would also facilitate a 2-year exclusion for
retaliating against individuals who report. Although CMS has the authority to
impose CMPs against nursing homes, rule-making is required to facilitate CMPs
and exclusions imposed against covered individuals. (Unified Agenda 2018)
According to Modern Healthcare magazine:
The CMS is looking to increase its oversight of post-acute care settings through new civil money penalties on nursing home staff and a new verification process to confirm personal attendants actually showed up to care for seniors when they are at home.
A proposed rule in the works to implement a federal law would allow the CMS to impose enforcement actions on nursing home staff in cases of elder abuse or other illegal activities, the agency announced in a notice Friday.
The regulation being developed will outline how the CMS would impose civil money penalties, or CMPs, of up to $200,000 against nursing home staff or volunteers who fail to report reasonable suspicion of crimes. In addition, the proposed regulation would allow a two-year exclusion from federal health programs for retaliating against individuals who report.
Comments are due on December 5, 2018.