Nursing Home Civil Money Penalty (CMP) Project Center

Welcome to the ISDH Nursing Home Civil Money Penalty (CMP) Project Center.  This site is intended to provide information about the Civil Money Penalty (CMP) Fund and provide links to CMP funded projects.  

The CMP Fund was created in 1996 by the Centers for Medicare and Medicaid Services (CMS) as a means of supporting healthcare quality improvements in long term care.  Indiana’s Civil Money Penalty (CMP) Fund is authorized under Indiana Code (IC) 16-28-12 (1993) and is a dedicated fund administered by the Indiana State Department of Health (ISDH).  The CMP Fund contributes to the ISDH’s mission of improving healthcare quality for Hoosiers.  

In its role as the State Survey Agency for the Centers for Medicare and Medicaid Services (CMS), the ISDH conducts periodic federal certification surveys of nursing homes.  Nursing homes not in compliance with federal regulations may be assessed a civil money penalty by CMS.  A portion of the penalty is returned to the State to promote improved health and safety of nursing home residents in certified facilities. 

Section 6111 of the Patient Protection and Affordable Care Act (Pub. L. 111-148), enacted on March 23, 2010, amended sections 1819(h) and 1919(h) of the Social Security Act to incorporate specific provisions pertaining to the imposition and collection the civil money penalties and improving transparency of information.  CMS Survey and Certification Letter 12-13-NH indicated that CMS will be developing requirements and specifications for a state transparency report related to state CMP expenditures.  This web site is intended to provide information about healthcare quality improvement projects developed through the CMP Fund.  

Contacts

Indiana State Department of Health
2 North Meridian Street
Indianapolis, IN 26204
Phone:  (317) 233-1325 (ISDH Main Switchboard)

Terry Whitson
Assistant Commissioner
Health Care Quality and Regulatory Commission
Indiana State Department of Health
2 North Meridian Street, 4 Selig 
Indianapolis, IN 26204
Email:  twhitson@isdh.in.gov  
Phone:  (317) 233-7022
Phone: (317) 233-7621 [Administrative Assistant]
Fax: (317) 233-7154 

Definitions and Acronyms 

Acronyms:

CMP:  Civil Money Penalty
CMS:  Centers for Medicare and Medicaid Services
ISDH:  Indiana State Department of Health

CMP Fund Descriptions

Overview of ISDH CMP Fund 

This document provides an overview of the Indiana CMP Fund to include program history, goals, description, project development process, and funding process. 

List of CMP Funded Projects

This document is a list of CMP funded projects developed by the ISDH.  

Project Reports  

The ISDH is creating a web page for CMP funded projects.  The following are links to the project web pages:  

Projects Starting in 2014

  • Indiana Nursing Home Advanced Education Project
  • Indiana Healthcare Quality Improvement Regional Collaborative Project 

Rules and Regulations

State Statute 

Indiana Code (IC) 16-28-12 (1993)

Federal Law

United States Social Security Act, 42 U.S.C. § 1396r(h)(2)(A)(ii) (1987)

CMS Regulations 

42 CFR § 488.431 – 488.442

CMS State Operations Manual (SOM)

SOM § 7535 Use of Civil Money Penalty Funds

CMS Survey and Certification Letters

CMS periodically issues Survey and Certification Letters that are intended to provide guidance on federal regulations and policies.  The Survey and Certification Letters are available on the CMS web site.   http://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions.html 

Below are links to CMS Survey and Certification Letters related to the CMP Fund.

SC 14-30-NH
Grant Solicitation for the Reinvestment of Federal Civil Money Penalty (CMP)) Funds to Benefit Nursing Home Residents – May 16, 2014

SC 13-57-NH
Escrow and Independent Informal Dispute Resolution (Independent IDR) Process for Nursing Homes – Applicable to All Civil Money Penalties (CMPs) – August 30, 2013

SC 12-13-NH
Use of Federally Imposed Civil Money Penalty (CMP) funds by States – December 16, 2011 [Update Supersedes SC 11-42-NH; SC 09-44; SC 02-42]

SC 11-42-NH
Use of Civil Money Penalty (CP) Funds by States – September 30, 2011 [Superseded by SC 12-13-NH] 

SC 11-16-NH
Publication of Final Rule “Civil Money Penalties for Nursing Homes Centers for Medicare & Medicaid Services (CMS) – 2435-F” – March 18, 2011

SC 11-12-NH
Relationship Between Civil Money Penalty Funds Paid by Nursing Homes and the Money Follows the Person Demonstration - March 11, 2011

SC 09-44
Use of Civil Money Penalty (CMP) Funds by States and Reporting of CMP Funds Returned to the State – June 19, 2009 [Superseded by SC 12-13-NH]

SC 02-42
Use of Civil Money Penalty (CMP) funds by States – August 8, 2002 [Superseded by SC 12-13-NH]