Additional Elements for Federal Informal Dispute Resolution

7212.4 - Additional Elements for Federal Informal Dispute Resolution (Rev. 63, Issued: 09-10-10, Effective: 09-10-10, Implementation: 09-10-10) In addition to those elements cited in §7212.3, CMS has adopted the following elements to be incorporated in all cases involving deficiencies cited as a result of Federal surveys. They are designed to clarify and expedite the resolution process. States are free to incorporate these elements into their procedures. 1. Notice to the facility will indicate that the informal dispute resolution, including any face-to-face meetings, constitutes an informal administrative process that in no way is to be construed as a formal evidentiary hearing. 2. Notice to the facility will indicate that counsel may accompany the facility. If the facility chooses to be accompanied by counsel, then it must indicate that in its request for informal dispute resolution, so that CMS may also have counsel present. 3. CMS will verbally advise the facility of CMS’s decision relative to the informal dispute, with written confirmation to follow.