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Posts tagged "Requirements of Participation"

Compliance and Ethics Program Implementation

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.

LDM Attorneys To Present At PACAH 2017 Spring Conference

PACAH's 2017 Spring Conference is scheduled for April 25th through 28th in State College, PA. Our attorneys will be available during the conference and will be presenting the following sessions:

Revisions to Nursing Facility Admission Agreement Due to Changes Under LTC Final Rule

The Long-Term Care Final Rule which revises the requirements of participation in the Medicare and Medicaid programs will become effective on November 28, 2016. As a result of the changes under the Final Rule, providers will need to review their nursing facility admission agreements to ensure that the provisions of the agreement are consistent with the regulatory requirements. In addition to reviewing and updating the admission agreement, providers will also need to review and update existing policies and procedures and/or develop new policies to reflect the changes under the Final Rule. READ MORE - Revisions to Nursing Facility Admission Agreement Due to Changes Under LTC Final Rule.docx

OBRA Revisions Compel Written Agreements Between Nursing Home and Hospice Providers

On June 27, 2013, the Centers for Medicare & Medicaid Services adopted a final rule amending the Nursing Facility Requirements of Participation (OBRA) and requiring nursing homes to execute written agreements, or amend existing agreements, with Hospice providers consistent with the new OBRA requirements. The purpose of the new regulations is to improve quality and consistency of care between Hospice providers and nursing facilities in the provision of hospice services to residents of nursing facilities. The written agreement between a hospice and a nursing facility must specify the roles and responsibilities of each entity, ensuring no "overlap" of core services to be provided by the hospice, and specifying the process through which the providers communicate about resident care . The regulations specify minimum requirements that must be set forth in such written agreement. The new regulatory provisions mirror the requirements contained in the Hospice Conditions of Participation, and are now being imposed equally on nursing facilities. The effective date of the new regulations is August 26, 2013. As such, nursing facilities that arrange for the provision of hospice services through one or more Medicare-certified hospice providers will need to ensure that a compliant written agreement is in place.

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Latsha Davis & Marshall P.C.
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