What you need to know: CMS made changes to the §483.70-Administration guidance. Changes include the following:
F847-Entering Binding Arbitration Agreements.
- Specifies requirements that a facility must comply with if it chooses to ask a resident or his/her representative to enter into an agreement for binding arbitration.
F848-Select Arbitrator/Venue, Retention of Agreements
- Outlines requirements a facility must comply with when selecting an arbitrator and venue.
- Addresses retention requirements of agreements.
F851-Mandatory Submission of Staffing Information Based on PBJ in Uniform Format.
- Reflects that surveyors can obtain PBJ data to/from CASPER to verify compliance with the requirement.
- Adds submission requirements to the key elements of noncompliance.
Action for facilities
-
Ensure compliance with record keeping requirements if you are using arbitration agreements.
-
Be sure policies and/or procedures include all five key components for entering into binding arbitration agreements.
-
Examine policies and/or procedures to ensure they include the two required key components for selecting an arbitrator/venue and retention of agreements.
-
Reassess/update existing policies and/or procedures (and the language of template agreements) to ensure all key components of F847 and F848 are present and align with how CMS intends to enforce the regulation
-
Be aware that surveyors will now examine PBJ data to determine if the facility submitted data as required.
-
Verify processes exist to submit payroll data to PBJ in a uniform format.
Want more info?
