An important message from CMS about Civil Money Penalty Reinvestment Program (CMPRP) Revisions
On September 25, 2023, CMS released memo QSO-23-23-NHs (PDF), which describes CMS's revised structure of the CMP Reinvestment Program (CMPRP), including:
Allowable Uses of CMP projects - CMS is updating the criteria for categories of allowable uses by adding maximum funding limits (i.e., caps) for projects. The new criteria is effective immediately and applies to all new and pending applications.
A note about previously submitted applications: If you have previously submitted an application for CMP funds and have not received approval, denial, or any other feedback, you should take one of the following actions after reviewing the information included in this memorandum and all of the attachments:
- If you believe your original application still meets ALL of the new criteria for CMP funding, you may resubmit your application with no changes to the proposed project to the State CMPRP Liaison.
- If your original application does not meet ALL of the new criteria for CMP funding, you may revise your application to meet the criteria, and resubmit your application.
- If your original application does not meet ALL of the new criteria for CMP funding and cannot be revised to meet the criteria (e.g., the original application was for a project that is now listed as non-allowable (Attachment B), do not resubmit an application for CMP funding.
See memo QSO-23-23-NHs Attachment A (PDF) for more details.
Non-Allowable Uses of CMP Funds - CMS is providing an updated comprehensive list of non-allowable uses of CMP funds.
Note: CMS will no longer accept Workforce and Mental and Behavioral Health CMPRP applications. See memo QSO-23-23-NHs Attachment B (PDF) for more details.
The CMS Civil Money Penalty Reinvestment Program webpage has also been updated with this information.
This page has resources about the use of federal Civil Money Penalty (CMP) funds. These resources can help eligible entities:
- Learn about the program.
- Learn how nursing homes can apply for program funding for in-person and outdoor visitation aids.
- Learn how to apply for the CMP funds.
About CMP funds
A CMP is a monetary penalty that CMS (Centers for Medicare & Medicaid Services) may impose against nursing homes. A portion of the money is returned to the states. These state CMP funds may be reinvested to support activities that benefit nursing home residents. The civil money penalty reinvestment program aims to improve quality of life and quality of care by equipping nursing home staff, administrators, and stakeholders with technical tools and assistance to enhance resident care.
Learn more about the CMP application process.
If you have questions, email firstname.lastname@example.org.
CMS authorizes federally certified nursing homes to use CMP funds for in-person visitation aids. These funds can be used to buy fans and air cleaners to improve room air quality during in-person visits.
Nursing homes are considered federally certified if they participate in Medicare and/or Medicaid programs. Assisted living facilities aren't eligible for in-person visitation aid CMP funds.
Eligible nursing homes can use in-person visitation aid CMP funds to buy:
- Clear dividers (e.g., plexiglass or something similar) to create a physical barrier that will help reduce the spread of COVID-19.
- Indoor portable fans with high-efficiency particulate air (HEPA) filters (H-13 or H-14).
- Indoor portable room air cleaners.
- Tents or other shelters for outdoor visits (these can be purchased or rented).
CMS has received questions about using heaters in outdoor tents. CMS Baltimore gave the following statement: "We (CMS) have not issued any specific instructions regarding the use of patio propane heaters, that when installing outdoor structures for visitation, facilities need to ensure appropriate life safety code and health care facilities code requirements found at 42 CFR 483.90 are met. This would also include that any State and local requirements are met." Read more about using heaters in outdoor tents.
Note: You cannot use CMP funds to buy replacement HEPA filters.
Nursing homes may use up to $3,000 per facility for tents or other shelter for outdoor visitation and/or clear dividers, with shipping costs included. Nursing homes may also request an additional allowance of up to $3,000 per facility for indoor portable fans and/or indoor portable air cleaners.
- CMP in-person visitation aid forms:
Eligible nursing homes can submit completed grant applications to email@example.com. Make sure each application lists the type of equipment, including the brand and model. If you apply on the standard CMP application template, you'll be asked to resubmit your application using the correct template.
CMS will review applications to make sure requests are within the parameters of the grant program. Nursing homes whose applications are approved will receive a letter from DQA with instructions on how to be reimbursed.
The Quality Assurance and Improvement Committee (QAIC) reviews all project proposals. The QAIC will judge if your proposal materials comply with program requirements. The committee can accept or reject a proposal, or it can accept or reject part of a proposal. Proposals must follow the instructions provided or else the proposal may be rejected.
The QAIC may request reports to assess the financial stability of an applicant. Proposals may be rejected if the applicant does not have financial stability. Fund recipients will be required to make project reports to the committee at least every three months unless the committee decides otherwise.
This list of restrictions was provided by CMS:
- Lodging to attend a training or conference is allowable if the attendee lives at least 50 miles away and the conference is longer than one day.
- Travel is allowable if it meets one of these criteria:
- Travel for a contractor to visit multiple facilities to conduct training
- Travel reimbursement for nursing home staff to attend training or a conference
- Travel of nursing home staff who have become “Train the Trainers” to travel to other sites and conduct training
- Per diem food expenses are not allowable under the CMP Use Program. The per diem must be broken down with travel, lodging, and food separated so that food expenses can be excluded.
- If a proposal is submitted by a university and includes fringe benefits and facility and administrative costs for university staff, the university must include a copy of their department of health and human services rate agreement.
- Please see memo QSO-23-23-NHs (PDF) for more information on fund restrictions.
These guidelines are for the Civil Money Penalty Reinvestment Program.
- Representatives from any group requesting funding or representatives who are in situations where a conflict of interest exists must disqualify themselves from making recommendations.
- To apply for CMP funds, applicants must use the standard CMP application template found in the CMP Reinvestment Application Resources (Application Template and Resource Guide) (ZIP). The CMP Reinvestment Application Resources documents provide more information.
- The QAIC reviews project proposals during its meetings in May/June and November/December.
- All requests must be submitted electronically. Send an email to firstname.lastname@example.org with "Attn: Quality Assurance and Improvement Committee" in the subject line.
- Your email must include:
- The CMP Reinvestment Application Template
- The CMP Reinvestment Application Budget Template
- A cover letter addressed to the Quality Assurance and Improvement Committee
- When CMP funds are requested for educational purposes, you must also include:
- Anticipated number of attendees
- Target audience
- Accrediting authorities
- Timeline for implementation
- Plan for sustainability
- Letters of support
- Your email must include:
Funds may be granted to any entity for approved CMP projects to protect or improve the quality of life or quality of care for residents in federally certified nursing homes.
Examples of eligible organizations may include consumer advocacy organizations, resident or family councils, state agencies, and academic institutions. More information on who may apply for the use of CMP funds can be found in the frequently asked questions guide included in the "CMP Reinvestment Application Resources" zip folder.
If your nursing home receives CMP funds, you must let other eligible Wisconsin nursing homes replicate your quality of care and quality of life efforts for residents.
CMS accepts proposals designed to benefit nursing home residents. Applicants will need to identify their project category in the application form. Categories include:
- Consumer Information
- Resident or Family Council
- Direct Improvements to Quality of Care
- Culture Change/Direct Improvements to Quality of Life
- Other (must specify)
The CMP Reinvestment Application Resource Guide has more information about the category definitions. The application resource guide is included in the "CMP Reinvestment Application Resources" zip folder.
CMS will no longer accept Workforce and Mental and Behavioral Health CMPRP applications. See memo QSO-23-23-NHs Attachment B (PDF) for more details.
To learn more about the grant program, read:
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This content reflects the views and opinions of the advisory council. It may not reflect the official policy or position of DHS.