Enforcement Action When Condition-Level Deficiencies

10003.6 – Enforcement Action When Condition-Level Deficiencies Exist That Do Not Pose IJ (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) If the HHA or hospice program is no longer in compliance with the CoPs, either because the deficiency(ies) substantially limit the HHA’s or hospice program’s capacity to furnish adequate care but do not pose IJ, or because the HHA or hospice program has repeat noncompliance that results in a condition level deficiency based on the HHA’s or hospice program’s failure to correct and sustain compliance, CMS will either terminate the provider agreement following the 90 day termination track or impose one or more alternative sanctions for HHAs or enforcement remedies for hospice programs as an alternative to termination. If alternative sanctions or enforcement remedies are imposed, CMS terminates the HHA’s or hospice program’s provider agreement within 6 months of the last day of the survey if the HHA or hospice program is not in substantial compliance with the CoPs and the condition level deficiencies are not corrected.