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CMS issues memo for certain providers seeking new certification

The Centers for Medicare & Medicaid Services (CMS) issued a new S&C memo for all providers, “Reasonable Assurance Will Apply to Providers and Suppliers Who Voluntarily Terminate and Seek New Certification If a Termination Action by the State Agency Had Been Initiated.” The letter defines “reasonable assurance” as it applies to certification of terminated providers (including Medicare providers, including dually-participating skilled nursing facilities). There is no statutory or regulatory requirement requiring States to establish this standard for Medicaid-only facilities or nursing facilities in a dually-participating facility that has been terminated. The RO may consider using the initial nursing facility compliance survey as an initial step in the reasonable assurance process for a facility that was dually-participating and seeking restoration of SNF/NF participation.

Section 2016 of the State Operations Manual (SOM) states that providers who have been terminated by CMS may reapply for certification, including via deemed accreditation, but these providers must meet certain conditions. Specifically, the provider must operate for a certain time period without the reoccurrence of the deficiencies that were the basis for definition – aka “reasonable assurance.” The length of the reasonable assurance time period, which usually ranges from 30-120 days, depends on an evaluation made by the RO of the provider’s previous history of compliance. If the provider maintains compliance with program requirements during that time frame, the participation may resume.

CMS will accept a new agreement with a provider so long as:

Reasonable assurance decisions may not be appealed, as they are considered administrative actions, not initial determinations.

Voluntary Termination

Read June 16, 2017 CMS S&C “Reasonable Assurance Will Apply to Providers and Suppliers Who Voluntarily Terminate and Seek New Certification If a Termination Action by the State Agency Had Been Initiated” (Ref: S&C: 17-35-ALL).

 

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