State Operations Manual (Pub. 100-07), Ch. 10 § 10005.8
CMP Imposition and IDR in HHAs and Hospices
10005.8 – CMP Imposition and IDR in HHAs and Hospices
(Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24)
Per §488.745 for HHAs and §488.1130, CMS’s or the State’s failure to complete IDR (as
described in section 10002 of this manual) shall not delay the effective date of any
enforcement action, including the imposition of CMPs. In those occasions where an IDR may
occur after a CMP is imposed, the IDR results will nevertheless be considered in the
enforcement action. We specify at §488.745(c) for HHAs and §488.1130(c) for hospices that if
any findings are revised or removed by CMS or the State (for surveys conducted by the SA)
based on IDR, the CMS-2567 is revised accordingly and any enforcement actions imposed
solely because of those cited deficiencies are adjusted accordingly.