Adjustments to Penalties

10005.9 - Adjustments to Penalties (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) CMS has the discretion to increase or reduce the amount of the CMP during the period of noncompliance depending on whether the level of noncompliance changed at the time of a revisit survey. CMS may increase a CMP based on the following: • The HHA’s or hospice program’s inability or failure to correct deficiencies; • The presence of a system-wide failure in the provision of quality care; or • A determination of IJ with actual harm versus IJ with potential for harm. CMS may decrease a CMP to the extent that it finds, pursuant to a revisit, that substantial and sustainable improvements have been implemented even though the HHA or hospice program is not yet in full compliance with the conditions of participation.