Effective November 28, 2019, the Phase III requirements of the Long Term Care Requirements of Participation require all nursing facilities to implement a Compliance and Ethics program consistent with the dictates of 42 CFR § 483.85 (F895). The Rule obligates facilities to have a written compliance and ethics program in place that is likely to be effective in preventing and detecting criminal, civil, and administrative violations under the Social Security Act and in promoting quality of care. The Regulation lists multiple requirements for the program, which relate to historical compliance guidance issued by other federal agencies, including the Office of the Inspector General.
If you have not yet developed a written compliance program, you must have one in place by November 28, 2019. If you have developed a compliance program, you should measure your existing plan against the new regulatory requirements.
If you would like assistance in developing a new plan, or evaluating your current program, please do not hesitate to contact David Marshall at (717) 620-2424 or dmarshall@ldylaw.com