CMS Delays HHA CoPs Civil Monetary Penalties for One Year

ElevatingHOME has confirmed that the Centers for Medicare and Medicaid Services’ (CMS) Survey and Certification Group will instruct its Regional Offices to delay imposing Civil Monetary Penalties (CMPs) on home health agencies (HHAs) for one year beginning on the final implementation date of the new Conditions of Participation (CoPs), currently scheduled for January 13, 2018. This agreement was made by CMS to acknowledge and address provider concerns with having CMPs imposed while they are still familiarizing themselves with the new CoPs. The exception to this hiatus will be where Immediate Jeopardy situations are identified on survey. 

When surveys are conducted during the hiatus, surveyors will still cite agencies in noncompliance with the revised CoPs. If the agency does not make the necessary corrections to regain compliance, the agency may be terminated or an alternative sanction may be imposed temporarily in lieu of immediate termination (limit 6 months).  

This hiatus will not apply to emergency preparedness compliance, which began on November 15, 2017, or for the quality improvement section of the CoPs which does not start until July 13, 2018. Contact Joy Cameron with any questions or concerns.