AGG Healthcare of counsel Alan C. Horowitz was quoted in an article by McKnight’s Long-Term Care News regarding a civil money penalty (“CMP”) “constructive waiver” process that CMS outlined as part of the FY 2024 SNF Prospective Payment System rule. If finalized, the agency would eliminate the requirement that facilities waive their right to a hearing in writing in order to have their CMP reduced by 35%.
CMS said, “This proposed revision would result in lower administrative costs for most LTC facilities facing [CMPs] and would streamline and reduce the administrative burden for CMS.”
Alan told the publication that the new version is a fair standard.
“There is no reason that this should not be the default position,” Alan said. “It saves time, energy, and resources by not going through an appeal. . . . I definitely think it’s a positive, particularly for the provider that may not have counsel reminding them, ‘Hey, you’ve got 60 calendar days from the notice you received to either file an appeal or waive your right.’”
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