CMS Rescinds Guidance on Civil Money Penalties

Last month, the Centers for Medicare & Medicaid Services (CMS) removed S&C 17-37-NH, Revision of Civil Money Penalty (CMP) Policies and CMP Analytic Tool. In the rescinded guidance, CMS had instructed regional offices to impose civil monetary penalties for prior noncompliance solely on a per-instance basis.

In the summary of the removal, CMS states that it is “determined that the agency should retain the discretion at this time to impose a per-day penalty where appropriate to address specific circumstances of prior noncompliance. We will work within CMS operations to apply such discretion, and any final notice of noncompliance will set forth the penalty, and the reason(s) for imposing per-instance or per-day penalties.”