CMS Announces Enhanced Oversight of Nursing Home Inspections by Strengthening the State Performance Standards System

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On October 17, 2019, CMS published the fiscal year (FY) 2020 State Performance Standards System (SPSS) Guidance with a focus on monitoring and improving each of the State Survey Agencies’ (SSAs) performance in nursing home inspections. The CMS memorandum can be found here. CMS’s modifications are intended to improve the care provided in nursing homes and respond to concerns regarding inconsistent and untimely inspections. The updated guidelines are intended to allow CMS to “more rigorously and rapidly analyze SSA performance to ensure inspections are timely and accurate.”

Specific changes to the SPSS include:

  • Increased monitoring metrics to ensure SSAs are conducting surveys in a timely manner;
  • New “State Performance Indicators” to identify potential issues with respect to SSA performance;
  • Formally measuring the timeliness and accuracy of SSA notifications of cases in which the health and safety of patients are in immediate danger;
  • Increased system flexibility to include state-specific measures if CMS intends to target resources to poor performing SSAs; and
  • Better access for SSAs to centralized CMS data to avoid redundant or duplicative data reporting and unnecessary administrative burdens on SSAs.

CMS’s SPSS revisions are part of CMS’s five-part approach to ensuring safety and quality in nursing homes. This five-part approach includes the following pillars: Strengthen Oversight, Enhance Enforcement, Increase Transparency, Improve Quality, and Put Patients Over Paperwork. CMS’s October 17, 2019 press release regarding the plan can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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