Civil Money Penalty (CMP) Reinvestment Fund Grants

CMP REINVESTMENT FUND GRANT BACKGROUND

The Georgia Department of Community Health (DCH), Healthcare Facility Regulation Division (HFRD), is responsible for the oversight and administration of the Long Term Care Program and seeks innovative projects that support, protect and benefit nursing facility residents.

Civil money penalties are imposed by the federal Centers for Medicare and Medicaid Services (CMS) when the department finds long term care facilities to be in violation of CMS conditions of participation. Georgia receives a portion of the collected funds to be used to support projects that improve the overall quality of life and/or care of nursing facility residents.

CMP fund grants are only available for quality improvement initiatives that are outside the scope of normal facility operations and cannot be used to fund goods or services that the applicant already offers or is required to provide by state or federal law or regulation. Further, CMP fund grants may not be used to:

• pay for capital improvements to a nursing facility or to build a nursing facility;
• assist the facility with achieving compliance for approval of a plan of correction for cited deficiencies or investigate and work to resolve complaints;
•  pay the salaries of temporary managers who are actively managing a nursing facility; or 
• recruit or provide Long Term Care Ombudsman certification training for staff or volunteers.

Additionally, CMS will not approve projects for which a conflict of interest exists or the appearance of a conflict of interest. However, CMP fund grants can be used to support any one of the following project categories:

• Direct Improvement to Quality of Care
• Resident or Family Councils
• Culture Change/Quality of Life
• Consumer Information
• Transition Preparation
• Training
• Resident Transition due to Facility Closure or Downsizing
• Other projects aimed to directly or indirectly benefit nursing facility residents

CMP REINVESTMENT FUND GRANT AUTHORIZATION

Federal law, Sections 1819(h)(2)(B)(ii)(IV)(ff) and 1919(h)(3)(C)(ii)(IV)(ff) of the Social Security Act (the Act) incorporate specific provisions of the Patient Protection and Affordable Care Act, (the Affordable Care Act, ACA) (Pub. L. 111-148), provides for the collection and use of CMP funds imposed by CMS when nursing facilities do not meet the Medicare requirements for participation. The Act provides that a portion of CMP funds could be used to support activities that benefit nursing facility residents, including projects that assure quality care within a nursing facility.

In accordance with Survey & Certification transmittal 12-13-NH dated December 16, 2011, States must obtain approval from CMS for the use of federally imposed civil money penalty (CMP) funds. A copy of this transmittal is available on the CMS website at www.cms.hhs.gov as well as an attachment below. Effective January 1, 2012, CMS has established a process for reviewing applications that seek funding to improve resident outcomes in certified nursing facilities. Only CMP fund applications that meet the statutory intent of the regulations, federal law and policy will be considered.

CMP REINVESTMENT FUND GRANT GUIDELINES

Requests to use CMP funds may be made by various organizations and entities. Applications may be submitted by:

• certified nursing facilities,
• academic or research institutions,
• state, local or tribal governments,
• profit or not-for-profit, or
• other types of organizations that are interested in promoting quality of care and/or quality of life for residents of nursing facilities.

Nursing facility providers, stakeholders, and other organizations are encouraged to submit CMP fund grant applications for the development and implementation of quality improvement initiatives that directly or indirectly benefit nursing facility residents. Project proposals should demonstrate current and sound evidence-based practices that promote quality of care and quality of life for nursing facility residents.

Entities from which CMP fund grant requests originate shall submit the request to the Healthcare Facility Regulation Division, as the State Survey Agency (SSA) for Georgia, for an initial review and recommendation.

All CMP Fund Grant Requests must be submitted electronically to [email protected] utilizing the CMP Fund Grant Application, State Request for Approval of Use of the Civil Money Penalty Funds for Certified Nursing Homes. Receipt of a fully completed application is necessary before the HFRD review process begins.

CMP REINVESTMENT FUND APPLICATION PROCESS

1. Submit completed application electronically to [email protected]

A. Submitted applications for projects that are planned over a continuous time period should not exceed thirty-six (36) months.

B. All sections of the CMP Grant application shall be completed or the CMP Fund Grant request may be denied. 

2. HFRD shall review the completed submitted application for approval or disapproval and recommendation to CMS. The HFRD review process should not exceed forty-five (45) calendar days. However, please allow at least 14 business days for the preliminary review and initial feedback.

3. Upon approval or disapproval of an application, HFRD shall notify the applicant of any action taken on the application via written correspondence. Some applications may require additional information before a final determination regarding approval can be made. When an application is returned to the applicant with recommendation(s) for a revision, the applicant will have fifteen (15) calendar days (unless otherwise indicated) to complete revision(s) and re-submit to HFRD.

4. Following notification that an application has been approved by HFRD, the application will then be forwarded to CMS for approval. CMS approval should not exceed forty-five calendar days. However, some applications may require additional information before CMS determines approval. When an application is returned to the applicant for recommendation(s) for a revision, the applicant will have a specified time frame to complete the revision(s) and return HFRD. HFRD will then resubmit the revision to CMS.

5. Any cost associated with the completion of the application is the responsibility of the applicant.

6. When HFRD receives notice from CMS that the approval may proceed, HFRD will notify the applicant with instructions about the process for entering into an agreement with HFRD to allow for the release of CMP funds.

Should you have any questions concerning the CMP Fund Grant Application Process, please contact us at [email protected].

CMP REINVESTMENT FUND APPLICATION SUBMISSION SCHEDULE 

Effective June 1, 2018, all CMP Fund Applications and Proposals must be submitted within the following schedule: 

CMP REINVESTMENT FUND APPLICATION RE-SUBMISSION CRITERIA

Upon approval or disapproval of an application, HFRD shall notify the applicant of any action taken on the application via written correspondence. Some applications may require additional information before a final determination regarding approval can be made. When an application is returned to the applicant with recommendation(s) for a revision, the applicant will have fifteen calendar days (unless otherwise indicated) to complete revision(s) and re-submit to HFRD.

Effective January 15, 2019, following any recommendation for a revision, applicants will have two attempts to resubmit the application. After the second attempt, the application will be closed, and applicants will be required to submit a new application.

State use of civil money penalty fund requests is not subject to an appeal. Effective January 15, 2019, if the CMP Fund Application and Proposal is denied, then the applicant will have one attempt to submit a new application concerning the proposed project. 

CMP REINVESTMENT FUND GRANT, EMERGENCY RESPONSE GUIDELINES

Nursing facility providers are encouraged to submit CMP Fund Grant, Emergency Response applications to assist residents that may reside in homes that are involuntarily terminated; or homes that have been involved in an emergent event, or for other unknown events impacting resident care, treatment, and services.

Entities from which CMP fund grant requests originate shall submit the request to the HFRD as the SSA for Georgia, for an initial review and recommendation.

All CMP Fund Grant Requests must be submitted electronically to [email protected] utilizing the CMP Reinvestment Fund Grant Application. Receipt of a fully completed application is necessary before the HFRD review process begins.

CMP REINVESTMENT FUND GRANT, EMERGENCY RESPONSE APPLICATION PROCESS

1. Submit completed application electronically to [email protected] .

Submitted applications must include:

A. detailed description of the emergent event and its impact on residents and facility operations. Additionally, applicants must provide evidence of expenditures directly related to the emergent event, including legible receipts or other documentation and explain how the expenditures related to the emergent event if that is not obvious from the documentation; and 

B. Signed attestation statement   

2. HFRD shall review the completed submitted application for approval or disapproval and recommendation to CMS. The HFRD review process should not exceed forty-five (45) calendar days. However, please allow at least 14 business days for the preliminary review and initial feedback. 

3. Upon approval or disapproval of an application, HFRD shall notify the applicant of any action taken on the application via written correspondence. Some applications may require additional information before a final determination regarding approval can be made. When an application is returned to the applicant with recommendation(s) for a revision, the applicant will have fifteen (15) calendar days (unless otherwise indicated) to complete revision(s) and re-submit to HFRD. 

4. Following notification that an application has been approved by HFRD, the application will then be forwarded to CMS for approval. CMS will review applications in a timely manner. However, some applications may require additional information before CMS determines approval. When an application is returned to the applicant for recommendation(s) for a revision, the applicant will have a specified time frame to complete the revision(s) and return HFRD. HFRD will then resubmit the revision to CMS. 

5. Any cost associated with the completion of the application is the responsibility of the applicant.                                                                                                                                      
6. When HFRD receives notice from CMS that the approval may proceed, HFRD will notify the applicant with instructions about the process for the release of CMP funds.

Should you have any questions concerning the CMP Fund Grant Application Process, please contact us at [email protected].        

CMP REINVESTMENT FUND GRANT, NEW PROPOSAL REQUESTS

Based on the current needs of Georgia, we are specifically interested in projects related to the topics below. Please note this list will be updated as our needs change and evolve.

Tele-health Innovations Focusing on Rural Nursing Facilities Promoting Access to Care

Refer to the CMP Fund Grant Background, Guidelines, Application Process and Submission Schedule before applications and proposals are submitted.

Should you have any questions concerning the CMP Fund Grant Application Process, please contact us at [email protected].