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CMS proposes delay and revisions to long-term care regulations

Lester J. Perling (lester.perling@nelsonmullins.com) is a Partner and Jamie B. Gelfman (jamie.gelfman@nelsonmullins.com) is Of Counsel in the Fort Lauderdale office of Nelson Mullins Broad and Cassel.

On October 4, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule revising the requirements that long-term care (LTC) facilities must meet to participate in the Medicare and Medicaid programs (the final rule).[1] The effective date of this final rule was November 28, 2016. The requirements set forth in the final rule were initially intended to be implemented in three phases, with the final phase commencing November 28, 2019; however, the breadth of the participation requirements are such that CMS recently proposed a one-year delay in the third and final phase of implementation, as well as revisions to simplify and streamline a variety of the requirements (the proposed rule).[2] Note that the final rule implementing these proposals may be published by CMS prior to the date this article is published.

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