CMS Releases Updated State Surveyor Guidance

Last Wednesday June 29, 2022, The Centers for Medicare & Medicaid Services (CMS) released updated guidance for nursing home surveyors as part of the Phase 2 and 3 Requirements of Participation (RoP).
Among key topics addressed are:
  • Hiring Infection Preventionists: CMS said while the requirement is to have an IP at least part-time, facilities must have an effective infection prevention and control program and should ensure the role of the IP is tailored to meet the facility's needs.
  • Nurse Staffing Reinforcement: CMS added new requirements for surveyors to incorporate the use of Payroll Based Journal staffing data for their inspections.
  • Preventing Resident Abuse and Neglect; and
  • Practical Guidance for Surveyors: the updated guidance clarifies CMS's expectations for ensuring timely investigations. This will help address findings from the Government Accountability Office which noted variation among states in reporting, tracking and processing reports of abuse and neglect. The guidance also dictates that for nursing homes, in situations where a determination is made that immediate jeopardy may be present and ongoing, the state survey agency must start an on-site investigation within three business days of receipt of the initial complaint or incident report.
The updated guidance will go into effect on Oct. 24, 2022.

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