In response to released guidance for Requirements of Participation (RoP) Phase 3 and updates for Phase 2, the American Health Care Association (AHCA) is providing focused information to help skilled nursing facilities remain in compliance and avoid any failed practice. We give special thanks to the AHCA Survey and Regulatory staff for compiling and distributing this information. Elena Madrid, WHCA's Executive Vice President for Regulatory Affairs, co-chairs the AHCA Survey and Regulatory Committee and is a member of AHCA's Quality Cabinet.

§483.85 - Compliance and Ethics - F895
Nursing facilities participating in Medicare and Medicaid have been required to have a compliance and ethics program since March 23, 2013, under the Affordable Care Act. However, there was no regulatory mechanism to enforce the requirement until CMS issued their revised 2016 Requirements of Participation. The revision included the requirements for the compliance and ethics program at §483.85. Survey enforcement of these standards was delayed due to the pandemic, but will begin on October 24, 2022.

Detailed information can be found in the Appendix PP-State Operations Manual. Additionally, as a member of WHCA and AHCA, you can access a full summary prepared by AHCA. This information can only be accessed by WHCA members. Individuals will need to log in to the AHCA/NCAL website with their AHCA/NCAL usernames and passwords. For assistance obtaining usernames and passwords, please e-mail help@ahca.org with your name and facility contact information.

If you have any questions, please email me or call me at (800) 562-6170, extension 105.