Information Bulletin 16-02

CBC: Certified Boarding Care: 53
NH: Certified Nursing Home: 174

Medicare/Medicaid Certified Nursing Home and Boarding Care Homes (SNF/NF) Survey Exit Conference Notice

New memorandum from the Centers for Medicare and Medicaid Services (CMS) regarding the procedures for conducting the Exit Conference in the review of compliance with Medicare or Medicaid Conditions of Participation, Conditions for Coverage, and Requirements for Participation

Minnesota Implementation: 06/01/2016

Purpose

This informational bulletin provides notice to Medicare/Medicaid certified Nursing Home and Boarding Care Homes (SNF/NFs) that the Minnesota Department of Health (MDH) will be implementing CMS’s directive related to sharing specific regulatory references or tags at exit conferences for federal SNF/NF surveys June 1, 2016 and after.

This information can be found in CMS Survey and Certification Memorandum (PDF)

This CMS memo is relative to all Medicare/Medicaid providers and specifically states that States must follow the federal process. State licensure laws do not override the procedures outlined in the federal survey process. This means the federal nursing home survey process must be followed and Minnesota Statutes 144A.101 Subd. 2 cannot override the federal requirement. Section 144A.101, subd. 2 requires MDH to provide draft statements of deficiencies at the time of the survey exit process.

MDH will be implementing the federal directive for SNF/NFs for surveys that conclude June 1, 2016 or after.

Summary of Federal CMS Exit Memorandum and Clarifications

While MDH will no longer leave draft deficiencies with providers at exit, CMS requirements still allow for some information to be shared at exit and MDH will provide that level of information as follows. CMS revised the State Operations Manual (SOM), Chapters 2 and 5 and Appendix P to provide additional clarity and ensure uniformity in the survey procedures specific to Exit Conferences and the sharing of specific regulatory reference or tags.

The purpose of the Exit Conference is to informally communicate preliminary survey team findings and provide an opportunity for the exchange of information. The findings or information conveyed at the Exit Conference are preliminary in nature and are subject to change. The Exit Conference during the onsite survey is both a courtesy to the provider and a way to expedite the provider’s planning ahead.

The CMS policy memorandum clarifies that states must not leave draft CMS-2567 forms onsite before they are finalized.

The CMS policy also clarifies that under no circumstances would the surveyors provide the Scope and Severity of a given deficiency finding unless it is an immediate jeopardy.

For additional information, or if you have questions, please contact:
Minnesota Department of Health
Licensing & Certification Program
PO Box 64900
St. Paul, MN 55164-0900
651-201-4200, toll-free 888-345-0823
Health.fpc-web@state.mn.us