Civil Money Penalty (CMP) Funds
The purpose of the CMP Program is to reduce deficient practices resulting in improved quality of care and quality of life for individuals residing at nursing homes or receiving home health services.
A CMP is a monetary penalty the Centers for Medicare & Medicaid Services (CMS) may impose against certified nursing homes for either the number of days, or for each instance, a nursing home is not in substantial compliance with one or more Medicare and Medicaid participation requirements for long-term care facilities. A portion of CMPs collected from nursing homes are returned to the states in which CMPs are imposed. State CMP funds may be reinvested to support activities that benefit nursing home residents and that protect or improve their quality of care or quality of life.
In accordance with the Use of Federally Imposed Civil Money Penalty (CMP) Funds by States memorandum issued by CMS on December 16, 2011, States must obtain approval from CMS for the use of federally imposed civil money penalty funds. Effective January 1, 2012, CMS has established a process for reviewing applications that seek funding to improve resident outcomes in certified nursing homes. Only CMP fund applications that meet the statutory intent of the Federal regulations, law, and policy will be reviewed.
Goals of the CMP Program
The goals of the CMP Program are to:
- Promote evidence-based care;
- Encourage conversations on quality of care and quality of life;
- Address issues identified through quality and needs assessments as part of a quality assessment and performance improvement process;
- Provide education and training programs specific to the nursing home resident populations;
- Provide assistance to ensure the health and safety of New Hampshire nursing home residents during relocations; and
- Support state infrastructure towards development of innovative programs directed towards improving quality of care and quality of life for nursing home residents.
Who may apply for the use of CMP funds?
Funds may be granted to any entity for proper use of CMS-approved projects to protect or improve the quality of life for nursing facility residents provided that the responsible receiving entity is:
- Qualified and capable of carrying out the intended project or use;
- Not in any conflict of interest relationship with the entity or entities that will benefit from the intended project or use; and
- Not paid by a State or federal source to perform the same function as the CMP project or use. CMP funds may not be used to enlarge or enhance an existing appropriation or statutory purpose.
Examples of eligible organizations include, but are not limited to:
- Consumer advocacy organizations;
- Resident or family councils;
- Professional or State nursing home associations;
- Certified long-term care facilities (SNF, NF, SNF/NF); and
- Private contractors.
Why are CMP funds available and how can they be used?
Sections 1819(h)(2)(B)(ii)(IV)(ff) and 1919(h)(3)(C)(ii)(IV)(ff) of the Social Security Act (the Act) incorporate specific provisions of the Patient Protection and Affordable Care Act, (the Affordable Care Act) (Pub. L. 111-148) pertaining to the collection and uses of CMPs.
The Act and regulation provides that CMP funds may be used to support activities that protect or improve the quality of care or quality of life for residents. Further explanation of allowable uses can be found in this document issued by CMS.
More information regarding CMP Reinvestment Program can be found on the CMS website.
What are some examples of non-allowable uses of CMP reinvestment funds?
An explanation of non-allowable uses of CMP reinvestment funds can be found in this document issued by CMS.
More information regarding CMP Reinvestment Program can be found on the CMS website.
New Hampshire Application Process
- CMP requests shall be submitted to the State Agency Director (SAD), or their designee. All CMP requests shall be submitted electronically utilizing the CMP Grant Request Form.
- All requests shall be submitted to CMP@dhhs.nh.gov. Requests will not be accepted any other way unless pre-approved by the SAD.
- The font for all CMP request forms is Times New Roman, size twelve (12) point, and shall include the entity name and page numbers on all documents.
- Requests should be limited to no more than twenty (20) pages, including appendices and the CMP request form.
- All sections of the CMP request form shall be completed or the request for funds may be denied.
- When CMP funds are requested, the organization involved must also include the following:
- Anticipated number of attendees;
- Target audience;
- Accrediting authorities; and
- Timeline for implementation and plan for sustainability.
- Representatives from any group requesting funding, or representatives who are in situations where a conflict of interest exists must disqualify themselves from providing letters of support.
- Applicants may contact the SAD with questions regarding their CMP request. Following state agency review, the CMP request form shall be forwarded to the CMS electronic mailbox for a decision.