D-Level Deficiencies on MDS Focus Surveys Result in CMPs

From Virginia Healthcare Association

VHCA has recently learned of instances when two nursing facilities that underwent Minimum Data Set (MDS) focus surveys were cited for D-level deficiencies and were issued notices for civil monetary penalties (CMP) by the Centers for Medicare and Medicaid Services (CMS).

Upon learning about these CMPs, which have not previously been issued for D-level deficiencies, VHCA reached out to the Office of Licensure and Certification (OLC) for clarification on whether CMPs would be routinely levied for D-level deficiencies for MDS focus surveys or other types of surveys (standard, complaint, etc.).

Kathaleen Creegan-Tedeschi, Director of the Division of Long Term Care with OLC informed us that these cases of CMPs being issued for D-level deficiencies were related only to the MDS focus surveys.  She indicated that CMPs were not going to be applied to other types of surveys, barring any future CMS guidance to the contrary.  Please contact Matt Mansell at VHCA-VCAL by email or by phone at 804.212.1697 if you have any future survey-related questions or concerns.