Time Periods for Disclosure Other Than Nursing Homes

3314 - Time Periods for Disclosure Other Than Nursing Homes (Rev. 1, 05-21-04) (See Chapter 7 for Disclosure requirements for SNFs and NFs) For Medicare, §1864(a) of the Act specifies that the Secretary shall disclose survey information within 90 days following the completion of each survey. Implementing regulations in 42 CFR 401.133(a) and (b) further provide that survey-related information prepared by the State and responded to by the facility must be disclosed within 90 days following completion of the survey by the State but may not exceed 30 days following CMS’ receipt of such information, or if prepared by CMS, within 30 days following the final preparation. For Medicaid, §1902(a)(36) of the Act and 42 CFR 431.115 provide that survey-related information must be disclosed either upon determining that a provider is eligible to be certified or recertified, or within 90 days after completion of the survey, whichever occurs first. Any applicable State law(s) would also be considered. Sections 1819(g)(5) and 1919(g)(5) of the Act provide disclosure requirements specific to SNFs and NFs within 14 calendar days after the information is made available to the facility. (Also see 42 CFR 488.325.) For both Medicare and Medicaid, the date the survey is completed is the last day of the survey. The provisions of FOIA require that when a request to disclose information is received, the information be released within 20 working days, or if this is not possible, the requester be notified within 20 working days when the information will be released. Follow this policy unless the State has other disclosure rules in which case those rules apply to the time allowed for disclosure. (See PL 104-321.) When the SA receives a request for information, disclosure of which is not clearly permissible under the preceding sections, the SA declines to disclose the information requested on the basis of the provisions of §1106 of the Act and refers the request to the RO. The SA notifies the requester of this action within 20 working days and directs the requester to contact the RO for additional information concerning the denial. (See PL 104-321.)