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:

  1. 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.
  2. There is no required staffing ratio in the final rule.
  3. 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.

Educational Sessions

  1. Webinar: How to Fight Back When the Deficiencies are Insane (February 9, 2017)
  2. Webinar: Get Ready for Phase 1 of the New Requirements of Participation (November 7, 2016)
  3. Presentation: Get Ready for Phase 1 of the New Requirements of Participation (November 7, 2016)
  4. Open Door Forum (October 27).
  5. AHCA Webinar Handouts (October 3, 2016)
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