In the Friday, February 18, 2011 edition of the Federal Register, there was an Interim final rule with comment period published by the Centers for Medicare and Medicaid Services (CMS) on notices for closures. The rule implements a section of the Affordable Care Act (ACA) that ensures that, among other things, in the case of a long-term care facility closure, individuals serving as administrators of a skilled nursing facility or a nursing facility provide written notification of the impending closure and a plan for the relocation of residents at least 60 days prior to the impending closure. Civil money penalties will be imposed on administrators who do not comply with these requirements.

This interim final rule is effective March 23, 2011 (as required by the ACA) and consistent with the ACA—all Medicare interim final rules must be finalized within three years. Comments on this interim final rule must be submitted by 5 p.m. on April 19, 2011.

Currently Minnesota statutes [144A.161 NURSING HOME AND BOARDING CARE HOME RESIDENT RELOCATION] include a very detailed process for planning with local units of government, and for filing a variety of notices when resident relocations are required due to a facility closure, including: “At least 60 days before the proposed date of closing, curtailment, reduction, or change in operations as agreed to in the plan, the licensee shall send a written notice of closure or curtailment, reduction, or change in operations to each resident being relocated, the resident's family member or designated representative, and the resident's attending physician.” We will request in comments to CMS that states with laws or regulations that already include at least a 60-day notice be allowed to follow their state requirements.

Patti Cullen, CAE
952.851.2487
pcullen@careproviders.org

Resources