A civil money penalty (CMP) is a monetary penalty the Centers for Medicare & Medicaid Services (CMS) may impose against skilled nursing facilities (SNFs), nursing facilities (NFs), and dually certified SNF/NF for either the number of days or for each instance a facility is not in substantial compliance with one or more Medicare and Medicaid participation requirements for Long Term Care Facilities. A portion of CMPs collected from facilities are returned to the States in which the CMPs are imposed. State CMP funds may be reinvested to support activities that benefit nursing facility residents and protect or improve their quality of care or life.
Note to providers:
Pursuant to the March 22, 2013, CMS Survey & Certification Memo, the Centers for Medicare & Medicaid (CMS) may impose civil money penalties (CMPs) on South Dakota nursing homes for serious deficiencies. The Department of Health does not recommend or impose CMPs. However, CMS may impose CMPs directly on South Dakota nursing facilities.
CMS Civil Money Reinvestment Program (CMPRP)
- Refer to the CMPRP link above for information, guidance, and resources.
- The "Downloads" section at the bottom of that link has the following:
- CMPRP General FAQs
- State CMP-Funded Projects by Calendar Year
- State CMP Fund Balances
- CMPRP Application Resources
- CMPRP State Plan and Project Tracking Resources
- There are also related links to federal regulations and memos.
- CMP funds must be used to support activities that benefit nursing home residents in South Dakota. The specific use of CMP funds collected from Long Term Care Facilities as a result of federally imposed CMPs must be approved by the SD Department of Health and by the Centers for Medicare and Medicaid Services (CMS) CMPRP team on behalf of the Secretary (CMS). Outlined below is the process to follow when requesting the use of Civil Money Penalty (CMP) funds.
- Project requests shall be submitted to the Office of Licensure and Certification using the CMS approved application process found in the CMPRP link above.
- Requests for CMP funds require a detailed budget using the CMS-approved form.
- You may email the CMS approved application and budget directly to Jennifer.Maeschen@state.sd.us and DOHOLClicensing@state.sd.us.
- Please ensure all information in the request is submitted on the CMS approved forms and according to their requirements.
- Response to CMP project requests will be either:
-
- An approval;
- A denial; or
- A request for more information.
- CMP funds may not be used for expenses that do not directly benefit nursing home residents, are already required by federal regulation, or fall under routine facility operations. The Application Handbook in the CMPRP resources provides guidance on non-allowable uses.
Resources
To view current South Dakota CMP-Funded Projects, download the “State CMP-Funded Projects by Calendar Year” ZIP file from the Downloads section of the CMPRP website.