McKnight’s Article Related to POC

Nancy Leveille and Karen Morris in Clinical & Quality

AHCA has released the following response in regard to a recent McKnight’s article on a court ruling related to submitting Plans of Correction:

“Recently, McKnight’s Long-Term Care News published an article related to a decision by a Federal District Court judge in a case presented by Columbus Park Nursing and Rehabilitation Center.  The article’s author states the court ruling in this case suggests a nursing home should “think twice” before submitting a plan of correction.  This case was more complex than the McKnight’s article describes and it is important for AHCA members to understand expectations for nursing centers under the Federal Regulations.
The Enforcement Regulations for Nursing Facilities , at §488.402(d), require each facility that has deficiencies with respect to program requirements to submit a plan of correction for approval by CMS or the survey agency.  §488.402(2)  provides an exception to this when deficiencies are isolated and have a potential for minimal harm but no actual harm has occurred.  Further, the State Operations Manual, in Chapter 7 (7316.2) requires the facility to submit its plan of correction to the State by the 10th calendar day after the facility receives Form CMS-2567.
A facility that does not comply with these requirements is subject to decertification from the Medicare and Medicaid programs.
We strongly encourage members to discuss with their general counsel any questions they have as to whether to submit a plan of correction.”

NYSHFA contacts: 

Nancy Leveille
Sr. Director, Member Operational Support Services
518-462-4800 ext 20 


Karen Morris
Director, Clinical & Quality Services
518-462-4800 ext 15 

refer to mm2013-246