Intervening Actions That Do Not Postpone or Delay Termination

3016 - Intervening Actions That Do Not Postpone or Delay Termination Timetable - (Includes Credible Allegations) (Rev. 1, 05-21-04) 3016A - Credible Allegation of Compliance (Rev. 1, 05-21-04) A credible allegation is a statement or documentation: • That is realistic in terms of the possibility of the corrective action being accomplished between the exit conference and the date of the allegation; and • That indicates resolution of the problems. If the provider/supplier makes an additional credible allegation that the deficiency(ies) is corrected following an earlier revisit or between the 46th and 90th calendar day prior to the effective date of termination, notify the RO by telephone. The SA submits all evidence or documentation regarding the facility’s allegation and its recommendation regarding the facility’s alleged compliance. The RO makes a determination whether a second revisit is appropriate. The SA conducts a second revisit if one is approved by the RO. The SA forwards all supporting documentation, along with Form CMS-1539, certifying compliance/noncompliance to the RO immediately following the revisit. Only compliance can stop a termination action. 3016B - Informal Hearings Do Not Interrupt Timetable (Rev. 1, 05-21-04) The process may not be postponed to accommodate informal hearings or meetings or to give the provider additional time to achieve compliance. Such discussion may, however, be conducted within the procedural time limits in §3012, as deemed appropriate by the RO. This 90 calendar-day procedure provides adequate time for the provider to achieve compliance if the decision by the RO is to wait the full time allowed and if the well being of patients is not jeopardized in the interim. 3016C - Acceleration of Timetable (Rev. 1, 05-21-04) The SA switches from the 90-day procedures in §3012 to the accelerated procedures in §3010 at any point when there is an immediate threat to patient health and safety. 3016D -Termination Development Coinciding With Change of Ownership (CHOW) Development (Rev. 1, 05-21-04) A CHOW does not affect completion of a termination action. The SA does not postpone any required termination, nor does it solicit a PoC from the new owner. Court appointed receivership is not a basis for cessation of the termination process. Following termination, the new owner may, however, request approval for participation as a new provider, subject to reasonable assurance provisions (reasonable assurance only for Medicare). (See §2016.) 3016E - Disagreement over Deficiencies (Rev. 1, 05-21-04) (See also §7212 about Informal dispute Resolution for SNFs and NFs) A provider that disagrees with any SA finding regarding a cited deficiency or an acceptable PoC should be advised to annotate its position on the PoC, and should specify why the SA’s citation is not correct. This information does not interrupt the termination process, but is publicly disclosable and is included in the documentation considered during subsequent reconsideration and hearings.