Updates from CMS on RoP Final Rule and Phase 2 Interpretive Guidance

Lisa Volk and Nancy Leveille in Clinical & Quality

NYSHFA/NYSCAL received the below update from AHCA/NCAL regarding corrections to the final rule. Please take a moment to review. 

On July 13, 2017, the Centers for Medicare & Medicaid Services (CMS) released a final rule with corrections for technical and typographical errors made in the final rule revising the Long-Term Care Requirements of Participation (RoP), which was released on October 4, 2016.

CMS made corrections to the preamble and the regulations text, including changes to incorrect cross-references and inconsistent use of terms such as infection preventionist and infection prevention and control officer.

AHCA has highlighted the following CMS corrections to the final rule:

  • CMS revised paragraph §483.85(b) to accurately indicate that each facility must have in operation a compliance and ethics program by November 28, 2019, when Phase 3 goes into effect . On page 68869 of the October 4, 2016, final rule, CMS made a technical error in the regulations text for §483.85(b) by incorrectly indicating that the operating organization for each facility must have in operation a compliance and ethics program by November 28, 2017, when Phase 2 goes into effect. CMS has corrected this error.
  • On page 68870 of the October 4, 2016, final rule, CMS made technical errors in the regulations text for §483.90 by incorrectly designating paragraph §483.90(d) as (c), which resulted in the omission of existing requirements at §483.90(c). CMS revised §483.90 to correctly designate the paragraphs in this section and add the omitted requirements related to emergency power.

AHCA will incorporate these technical corrections into the next version of AHCA's Long Term Care Survey Manual, which will also include the recently released Phase 2 Interpretive Guidance (IG). The updated version of the manual will be available soon through the AHCA Bookstore here.

CMS has also made available a set of ten videos outlining key topics related to changes in the long term care regulations and IG scheduled to be implemented for Phase 2, such as the facility assessment and Quality Assurance and Performance Improvement plan (QAPI). These videos are available to surveyors, providers, and other stakeholders. Click here to view these videos. AHCA will continue to review these materials and provide further information as it becomes available.

For questions regarding the survey process and CMS training resources, please contact CMS at NHSurveyDevelopment@cms.hhs.gov. For other question or concerns, please contact AHCA's Sara Rudow.

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

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