CMS recently rescinded its July 2017 guidance that civil monetary penalties should be imposed for prior non-compliance on a per-instance basis only. CMS posted the rescission on their website, stating:
“Upon further consideration, CMS has determined that the agency should retain the discretion at this time to impose a per-day penalty where appropriate to address specific circumstances of prior noncompliance. We will work within CMS operations to apply such discretion, and any final notice of noncompliance will set forth the penalty, and the reason(s) for imposing per-instance or per-day penalties.”
At this time, no new guidance has been posted to replace the July 2017 guidance. AHCA/NCAL have been in communication with CMS staff, but no further information has been made available. AHCA/NCAL is urging CMS to reconsider and explore other options.
IHCA/INCAL will continue to keep you updated, and any questions may be directed to the AHCA regulatory team.
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