CMS Memo on Revision of CMP Policies and Analytic Tool

Nancy Leveille and Lisa Volk in Clinical & Quality

NYSHFA has noted in past communications that AHCA has been working closely with CMS to revise some of the IJ and Civil Money Penalty (CMP) rules to ensure that they meet the original intent to help facilities get back into compliance as soon as possible vs. be delayed and used for punishment. This memorandum speaks to that original intent and also to increase consistency across different regions of the country when implementing CMP rules and providing guidance related to the level of penalty based on specific criteria.

Therefore, On July 7, the Survey and Certification Group (S&C) at the Centers for Medicare & Medicaid Services (CMS) issued a memorandum, "Revision of Civil Money Penalty (CMP) Policies and CMP Analytic Tool."

CMS is releasing a new CMP Analytic Tool, which is included in the memo document, that all CMS Regional Offices (ROs) must use to choose the appropriate CMP type and amount to impose when the RO determines that a CMP is the appropriate remedy to impose. CMS notes that statute and regulations outline a variety of federal enforcement remedies to address compliance and encourages the use of the remedy that will best achieve swift and sustained compliance.

The S&C memo provides a summary of revisions to the CMP Analytic Tool, including how CMPs are applied in instances of past noncompliance, the use of Per Instance versus Per Day CMPs, the timing of the revisit survey to certify compliance, and CMS Central Office (CO) review of high CMPs. Please see attached for full information.


Nancy Leveille, RN, MS
Executive Director
518-462-4800 x20

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15