CMS Division Director Addresses LeadingAge Conference

On October 30, 2019 by Jeff Bostic

Evan Shulman, national Director of the Centers for Medicare & Medicaid Services (CMS) Division of Nursing Homes, offered a Regulatory Update during this week’s LeadingAge national conference in San Diego.  Here are a few highlights from his Oct. 29 remarks:  

Shulman began by noting that the Consumer Alert Icon (see our previous reporting on this issue) is now live on Nursing Home Compare. The icon calls attention to care centers that have received citations relating to abuse. Shulman defended the agency’s policy, indicating that it offers consumers important information and that it affects just 5% of nursing homes nationally.  In response to questioning about the appropriateness of the symbol CMS has chosen to use, he said it is time to “stop debating the icon” and to focus on work that prevents abuse from occurring. 

Shulman could not comment on the proposed rule to delay certain Phase 3 Requirements (see our website for additional information on that proposal), except to say that CMS is reviewing public comments received during the rulemaking process.  

He would not give a date when CMS will release interpretive guidelines for the Phase 3 Requirements of Participation but stated that CMS will give surveyors and providers some reasonable but not yet specified period of time to study and implement the guidance after the guidance is released. CMS understands that it cannot expect immediate implementation.  

Shulman also implied that work on the proposed rule and finalization of the regulatory guidance are linked, saying CMS wants to coordinate the work so that surveyors and providers will have clear information about future regulatory expectations.

We will share additional details from Shulman’s presentation in a future edition of Advantage.