Below are questions recently submitted to CMS and the corresponding responses.

 

1) Residents rights and medical records access – time line clarification for discharged residents – There was a question about how long a facility had to provide medical records to a former resident who has been discharged – working days vs. calendar days.

CMS Response: Once a resident is discharged, release of medical records should be in compliance with state law.

 

2) Posting of survey information – one year vs. three years – There is some confusion regarding if the last three years of surveys need to be posted or just available. Additionally there was a question about if only the last survey or the last year’s surveys (including resurveys and complaint-driven) needed to be available.

CMS Response: Results of the most recent survey of the facility must be posted in a place readily accessible to residents, family members, and legal representatives. Any surveys, certifications, and complaint investigations made respecting the facility during the preceding 3 years, and any plan of correction in effect with respect to the facility must be available for any individual to review upon request and a notice of the availability of such reports must be posted in areas of the facility that are prominent and accessible to the public.

 

3) Designation of a Grievance Official in a nursing center – Please provide general information about this new requirement given how large a change it is for our members.

CMS Response: Additional information on the designation of a Grievance Official will be provided in the upcoming guidance.

 

4) In Phase 1 changes of regulations there is a 60 notice now for rate increases. Effective date is 11/28. If a notice was given before the effective date that the 30 day notice would still apply?

CMS Response: The Phase 1 changes include two different notification requirements in the new regulations under §483.10(g)(18)(i) and (ii). These went into effect on November 28, 2016, and would apply to any notices made starting on and after that date. Notifications made prior to November 28, 2016, would not need to meet the standards set in the new requirements.