State Operations Manual (Pub. 100-07), Ch. 10 § 10003.1
Statutory Basis
10003.1 - Statutory Basis
(Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24)
Alternative Sanctions for Home Health Agencies
Sections 1891(c) through (f) establish requirements for surveying and certifying HHAs as well as
authorizes the Secretary to utilize varying enforcement mechanisms to terminate participation
in the Medicare program and to impose alternative sanctions if HHAs are found out of
compliance with the Medicare home health CoPs. The imposition of alternative sanctions
specified in §488.820 allows for non-compliant HHAs to have additional time to come into
compliance with the CoPs before being terminated.
Enforcement Remedies for Hospice Programs
Division CC, section 407 of the Consolidated Appropriations Act 2021, amended Part A of
Title XVIII of the Act to add a new section 1822 of the Act, and amended sections 1864(a) and
1865(b) of the Act, establishing new hospice program survey and enforcement requirements.
Section 1822(c)(5) of the Act authorizes the Secretary to utilize varying enforcement
mechanisms to terminate participation in the Medicare program and to impose enforcement
remedies if hospice programs are found out of compliance with the Medicare CoPs. The
imposition of enforcement remedies specified in §488.1220 allows for non-compliant hospice
programs to have additional time to come into compliance with the CoPs before being
terminated.