Civil Monetary Penalties Overview

Civil Monetary Penalties

Civil monetary penalties are penalties that may be imposed by the Centers for Medicare and Medicaid Services on nursing homes for failing to meet federal regulations. The Office of Healthcare Facilities within the Tennessee Department of Health performs periodic federal certification surveys of nursing homes. Facilities not in compliance with federal regulations may be penalized by CMS based on these survey findings. Ninety percent of funds collected are then returned to the State to improve the quality of life and quality of care of nursing home residents in certified nursing home facilities.

Tennessee’s CMP Fund is administered by the Tennessee Department of Health. Programmatic oversight lies within the Office of Patient Care Advocacy in partnership with the Office of Healthcare Facilities, the CMS State Survey Agency for Health Facility Certification. TDH administers grants to entities that develop project proposals which directly improve patient outcomes and meet proposal requirements set forth by TDH and CMS.

Related Rules & Regulations

• Tennessee Code Annotated § 68-11-827 through TCA § 68-11-829; TCA § 68-11-832; TCA § 68-11-1623 – To view the statute and other state regulations, please click here.
• CMS State Operations Manual – SOM § 7535 Use of Civil Money Penalty Funds
• Federal Law – United States Social Security Act, 42 U.S.C. § 1396r(h)(2)(A)(ii)