Skilled Nursing

LeadingAge Statement on CMS’ Announcement Final Rule on Arbitration and Proposed Rule on RoPs III

Contact: Lisa Sanders
lsanders@leadingage.org / 202-508-9407

July 17, 2019 Washington DC — Statement from LeadingAge President and CEO Katie Smith Sloan:

“The rule proposed by the Centers for Medicare and Medicaid Services (CMS) regarding Requirements of Participation (RoPs) Phase III reflects the agency’s recognition of concerns that LeadingAge and our members around the country have raised time and time again. We are pleased that the proposed rule would allow greater flexibility for nursing homes on some of the RoPs III requirements. We have pointed out to CMS that requiring nursing homes to designate specific staff as compliance officers, compliance liaisons, and grievance officers would take valuable staff time away from caring for residents, and we appreciate CMS’s agreement on this point. At a time when virtually all nursing homes face severe workforce challenges, relief from these RoPs III requirements will make a significant difference to LeadingAge members and the people they support. LeadingAge national, as well as our state partners and members around the country, will continue to work closely with CMS to ensure reform of regulations to enable nursing homes to provide high-quality care while also being operationally practical. As the Nov. 28 RoPs III deadline approaches, LeadingAge will help members prepare to be in compliance with the aspects of RoPs III that are not impacted by CMS’ July 16 announcement.

As for the final rule on arbitration, it is in line with the advice we have given our members for the past several years not to make arbitration agreements a condition of entry into nursing homes.”