Last week during the LeadingAge Annual Conference, Evan Shulman, Director – Division of Nursing Homes, Centers for Medicare & Medicaid Services (CMS) again reiterated that The RoPs proposed rule “Regulatory Provisions to Promote Efficiency and Transparency” has not been finalized.   Jodi Eyigor, Director, Nursing Home Quality & Policy at LeadingAge, stated in an alert dated 10/1/2019;

The comment period closed on September 16 and CMS cannot predict when this rule will be finalized. For this reason, none of the changes that were proposed in the rule are in effect. Providers must continue to meet all Requirements of Participation as written.

Requirements of Participation, Phase 3: RoPs 3 will be implemented on November 28, 2019. Although the rule proposed to delay requirements for 2 sections of RoPs 3 (Quality Assurance & Performance Improvement and Compliance & Ethics), this delay is not in effect because the rule has not been finalized. Providers must be prepared to implement the requirements of Phase 3 in November as written.

Phase 3 guidance: CMS has not released interpretive guidance on Phase 3 yet. Though CMS initially planned to release guidance this past summer, they say there is currently a delay and cannot predict when the guidance will be released. 

Evan Shulman made it very clear that Skilled Nursing Facilities are still required to comply with all Phase 3 requirements.  He stated that Surveyors will be limited in enforcement as they are waiting on the guidance to be released and training on the guidance to be provided.

Laura Hofmann, MSN, RN
Director of Clinical and Nursing Facility Regulatory Services
p: 253.964.8870 | c: 360.691-9281   lhofmann@LeadingAgeWA.org