Effective Dates for Immediate Imposition of Federal Remedies

7304.2 - Effective Dates for Immediate Imposition of Federal Remedies (Rev. 244; Issued: 06-26-26; Effective: 06-26-26; Implementation: 06-26-26) Once a remedy is imposed, it becomes effective as of the date specified in the notice letter for the remedy being imposed. All remedies remain in effect and continue until the facility has demonstrated and is determined to be in substantial compliance. Substantial compliance must be verified in accordance with §7317 of this chapter. Substantial compliance may be determined to occur anytime between the latest correction date on the approved Plan of Correction (PoC) up until the date of the revisit. The date of substantial compliance is determined by the date on which the evidence provided by the facility supports correction of deficiencies as determined by the State Agency. For Immediate Jeopardy (IJ) Situations: A facility’s removal of the conditions that caused the IJ may, at CMS’s discretion, result in the rescission of the 23-day termination. A per day CMP must be lowered when the state agency has verified that the IJ has been removed but deficiencies at a lower level continue. Refer to the CMP Analytic Tool instructions for determining the dates of a per day CMP. However, CMS shall not rescind any other remedies imposed until the facility achieves substantial compliance or is terminated. Remedies imposed must remain in effect, irrespective of when the IJ is removed, unless otherwise rescinded or revised as a result of legal proceedings. Remedies will be immediately imposed and effectuated whether the IJ was: • removed during the survey, or, • removed in a subsequent IJ removal revisit before the 23rd day.