The Affordable Care Act required long term care provider to implement a corporate compliance plan by March 23, 2013. Despite the Act's requirements, neither CMS nor the OIG have promulgated regulations to carry out this statutory mandate. However, in the July 16, 2015 Federal Register.pdf, containing the proposed changes to the Requirements of Participation for long term care facilities, CMS proposes to add a new regulation, 42 CFR 483.85, requiring a nursing facility's operating organization to implement a compliance and ethics plan consistent with the regulatory provisions. The proposed rule establishes basic standards that apply to all operating organizations, and then imposes additional standards on those organizations with five or more facilities.
Comments on the proposed rule are due September 14, 2015. If you have any questions regarding this proposed requirement or would like to discuss the development or implementation of your own compliance program, please contact David Marshall at (717) 620-2424.