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Five takeaways for compliance officers from the revised guidance to surveyors of long-term care facilities

7 minute read

For over 20 years, the federal government has encouraged nursing facilities to implement compliance programs to promote and monitor adherence to statutes, regulations, and government healthcare program requirements. In 2010, the requirement for nursing facilities to have a compliance program was codified by Section 6102(b) of the Patient Protection & Affordable Care Act of 2010, which required Medicare skilled nursing facilities and Medicaid nursing facilities to have a compliance and ethics program.[1] The Centers for Medicare & Medicaid Services (CMS) finalized regulations at 42 C.F.R. § 483.85, implementing the requirement in 2016. The final rule required all Medicare and Medicaid participating nursing facilities to comply with the regulation by November 28, 2019.[2] In July 2019, CMS proposed rules to scale back the compliance program regulation.[3] However, the proposed rules were never finalized, and challenges arising from the COVID-19 pandemic largely overshadowed compliance program requirements for nursing facilities until now.

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