SNF Requirements of Participation
On Tuesday, October 4, 2016, CMS published in the Federal Register the final rule on the Requirements of Participation (RoP), Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities.
CMS included in the final rule a provision banning all pre-dispute arbitration agreements. That provision clearly exceeds CMS’s statutory authority and is wholly unnecessary to protect residents’ health and safety.
There are some positives in the final rule compared to the proposed rule, including:
- Certain provisions of the rule are phased in over a three-year period. It is important to note that all regulations are effective 60 days following the date of public inspection of the final rule, Nov. 28, 2016, but the rule provides additional time for facilities to implement key areas.
- There is no required staffing ratio in the final rule.
- There is no requirement for a physician or physician extender to conduct an in-person evaluation of a patient prior to an unscheduled transfer to a hospital.
Background materials on the Final Rule and other materials are below.
Contact Gail Weidman, PHCA Director of Policy and Regulatory Affairs with any questions.
PHCA Resources
- 2-1-17 NF Discharge Notice Procedures for Notifying Ombudsman (February 1, 2017)
- Substandard Quality of Care Tags (November 7, 2016)
- Grievance Procedures Under CMS RoPs and OCR Regulations (November 7, 2016)
- Resident Rights and Facility Obligations (November 4, 2016)
- Requirements of Participation – Color Coded by Phases (November 3, 2016)
- Final Rule in Federal Register (October 4, 2016)
News from PHCA Posts
- Update: Long-Term Care Ombudsmen Discharge Notice Clarification (February 9, 2017)
- Skilled Nursing Facility 30-Day All Cause Readmission Measure (SNFRM) (February 2, 2017)
- Department of Health Discharge Notice Clarification (January 18, 2017)
- CMS Confirms Enforcement Suspended of Rule Prohibiting Use of Pre-Dispute Binding Arbitration Agreements (December 12, 2016)
- CMS Releases Advance Copy of Revised SOM, Appendix PP (November 10, 2016)
- AHCA Awarded Injunction Delaying CMS Implementation of Arbitration Rule (November 7, 2016)
- AHCA Seeks Injunction Barring CMS Implementation of Arbitration Rule (October 31, 2016)
- CMS Training for Phase 1 Implementation of Requirements of Participation Rule (October 27, 2016)
- AHCA Files Court Challenge to Arbitration Rule (October 17, 2016)
- CMS Open Door Forum on New Requirements of Participation (October 11, 2016)
- CMS Releases Requirements of Participation (September 29, 2016)
Visit the SNF Final Rule member news page to see all the News from PHCA on the SNF Requirements of Participation
AHCA Resources
- Preliminary Injunction Awarded Against CMS Arbitration Prohibition (November 7, 2016)
- Lawsuit Filed by AHCA Against Arbitration Prohibition (October 17, 2016)
- AHCA Playbook Summary of RoP (October 14, 2016)
- Requirements of Participation Checklist (October 14, 2016)
- Summary of the Final Rule. (October 7, 2016)
- Final Rule in Federal Register (October 4, 2016)
Visit the AHCA SNF RoP webpage for more information.
Educational Sessions
- Webinar: How to Fight Back When the Deficiencies are Insane (February 9, 2017)
- Webinar: Get Ready for Phase 1 of the New Requirements of Participation (November 7, 2016)
- Presentation: Get Ready for Phase 1 of the New Requirements of Participation (November 7, 2016)
- Open Door Forum (October 27).
- AHCA Webinar Handouts (October 3, 2016)
