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Board of directors oversight of skilled nursing facility compliance programs

Todd J. Selby (tselby@hallrender.com) is a Shareholder and Sean Fahey (sfahey@hallrender.com) is an Attorney in the Indianapolis, Indiana, office of Hall Render.

Skilled nursing facilities (SNFs) are now required to implement a compliance and ethics program pursuant to the federal Requirements of Participation (RoPs) found in 42 C.F.R. § 483.85. It remains unclear how a compliance program should be designed due to proposed regulations and lack of guidance from the Centers for Medicare & Medicaid Services (CMS). One thing is certain, CMS will expect substantial oversight of the compliance program by the SNF’s board of directors.

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