Lexology March 27, 2025
Hall Render Killian Heath & Lyman PC

The Centers for Medicare & Medicaid Services (“CMS”) has given surveyors additional rules and updates to allow surveyors to assess and cite violations of the regulations on nursing homes with admission agreements that create prohibited third-party guarantee of resident payments.

On November 18, 2024, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “REVISED: Revised Long-Term Care (LTC) Surveyor Guidance: Significant revisions to enhance quality and oversight of the LTC survey process” (“New Surveyor Guidance Memo”).

The New Surveyor Guidance Memo consolidates existing F-Tags, enhances surveyor oversight and details when a responsible person can be held personally liable if the responsible person fails to perform the promised actions and obligations in the admission agreement.

On March 7,...

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