CMS Proposed Rule on Nursing Home Ownership Transparency

• By: Angela Westhoff
• On: 02/15/2023 16:41:47
• In: Quality/Regulatory

Earlier this week, CMS posted a proposed rule to increase ownership, managerial, and other information required to be disclosed by Medicare and Medicaid funded nursing homes. The proposed rule would implement provisions of the 2010 Affordable Care Act requiring disclosure of information about nursing home ownership and oversight. CMS states that this additional data would give a more complete background on the organizations and individuals that own, oversee, and facilitate the operations of nursing homes.
 
The reporting would be required upon initial enrollment and revalidation or as a part of any change of ownership. Medicare and Medicaid facilities would use CMS Form CMS-885A. For Medicaid-only nursing facilities, the data would be reported using a state-established method.
 
CMS is further proposing several definitions to assist nursing homes in furnishing the requested data. This includes, for purposes of Medicare enrollment, definitions of private equity company and real estate investment trust. 
 
CMS intends to make the reported data publicly available if this rule is finalized. However, it would provide more information after the final rule is published regarding the timing, vehicle, and content of this publication. 
 
CMS' fact sheet? includes additional information on the proposal. AHCA will continue to review the proposed rule and engage relevant member groups in our comment development as well as any other follow-up determined necessary.
 
Staff contact: awesthoff@mehca.org