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Home Search  Employment Opportunities at the Mississippi Division of Medicaid
Invitation to Nursing Facilities to
Apply for Grants for Use of
Civil Money Penalties

OVERVIEW
GRANT COMPARISONS
GENERAL REQUIREMENTS
APPLICATON
APPLICATION INSTRUCTIONS
BUDGET FORM
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Office of the Governor
Division of Medicaid
Dr. Robert L. Robinson, Executive Director
Division of Medicaid
Suite 801 Robert E. Lee Building
239 North Lamar Street
Jackson, Mississippi   39201-1399

Contact:   Evelyn H. Silas , CPM, Division Director
                  Case Mix / Institutional LTC
                  601-359-6750
Grants for Civil Money Penalty
  OVERVIEW
Innovative State Use of the Civil Money Penalty Funds - Incentives for High Quality Care The Division of Medicaid (DOM) has approved the use of collected sanctioned Civil Money Penalty funds to be awarded to nursing facilities that provide the highest qualify of care to residents via recognition as an Enhancement Grant Award; and to provide a means for those noncompliance facilities to be awarded an Educational Program Award to attain compliance status and stay in compliance.  As funds are available, nursing facilities are encouraged to make applications for the eligible grant awards for the betterment of residents' quality of life.

Enhancement Grant Award : The goal is to provide grants for enhancements to nursing facilities that have maintained compliance with the federal requirements for long term care. The purpose of the Enhancement Grant Award is to provide a nursing facility with current and past compliance history of the federal requirements the opportunity to receive funding for innovative programs/projects that will directly and/or indirectly benefit the residents by providing an enhanced quality of life. The grant awards range from $5000 - $50,000. The grant proposal may be obtained on the Division of Medicaid web site at www.medicaid.ms.gov or by telephone request at 601-359-6750. Deadline for completion and receipt of application by DOM is January 15, 2007.

Educational Program Award : The goal is to assist nursing facilities that have not been in substantial compliance with federal requirements for long term care facilities to  obtain and maintain compliance. The purpose of the Educational Program Award is to provide a nursing facility with current and past noncompliance history of federal requirements the opportunity to receive funding  for educational programs/projects that will directly and/or indirectly benefit the residents as well as assist the facility in providing an enhanced quality of life for the residents. This grant award is a one-time award that will benefit the residents. The grant awards range from $5000 - $20,000. The grant proposal application may be obtained on the Division of Medicaid web site at www.medicaid.ms.gov or by telephone request at 601-359-6750. Deadline for completion and receipt of application by DOM is January 15, 2007 .
Mail Applications to:
Attention: Evelyn H. Silas, CPM
Division of Medicaid
Office of the Governor
239 North Lamar Street, Suite 801
Jackson, Mississippi   39201
or via e-mail lmehs@medicaid.state.ms.us
Grants for Civil Money Penalty
GRANT COMPARISONS
INNOVATIVE STATE USE
Of the Civil Money Funds - Incentives for High Quality Care
OFFICE OF THE GOVERNOR - STATE OF MISSISSIPPI
DIVISION OF MEDICAID
COMPARISON OF GRANT AWARDS
Educational Grant Award Enhancement Grant Award
Facility with immediate jeopardy/substandard quality of care for a standard, revisit  or complaint survey during the current and previous certification periods.  Or nursing facilities identified with pattern or widespread actual harm for a standard, revisit or complaint survey during the current and previous certification periods.

One time expenditure

Restricted grant - not allowable  expense on Cost Report

$5,000 - $20,000

Must Provide Quarterly Progress Reports

Must Provide Final Report Must Benefit

Residents Directly or Indirectly
Facility must have had no deficiencies or must have been in substantial compliance in the most recent certification period. Costs to maintain will be an allowable
expense on facility cost report Should be self-sustaining once implemented

Grant Award Amounts
  • No deficiencies: up to $50,000
  • A only deficiency(ies) up to $45,000
  • B is the highest deficiency - up to $40,000
  • C is the highest deficiency: up to $35,000
Must Provide Quarterly Progress

Reports Must Provide Final Report

Must Benefit Residents Directly or Indirectly
Top

Grants for Civil Money Penalty
GENERAL REQUIREMENTS
I.   Required Use of Civil Money Penalties
     A. Section 1919 [42 U.S.C. 1396r],(h)(2)(A)(ii), specifies that, "funds collected by a State as a result of imposition of such a penalty... shall be applied to the protection of the health or property of residents of nursing facilities that the State or the Secretary finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds.
     B. The dispositions of collected civil money penalties (CMP) provided by federal regulations are as follows:

A CMP collected by a State from a Medicaid facility that the State or CMS finds deficient must be applied to the protection of the health or property of residents of nursing  facilities that the State or CMS finds deficient. A CMP collected from a dually participating facility is apportioned commensurate with the relative proportions of Medicare and Medicaid beds at the facility actually in use by residents covered by the respective programs on the date the CMP begins to accrue.  Some examples of appropriate uses by the State of the collected CMP include: 
  1. State costs related to the operation of a facility pending correction of the deficiencies or closure;
  2. Reimbursement of residents for personal funds or  property lost at a facility as a result of actions by the facility or by individuals used by the facility to provide services to residents.  Established procedures for the reimbursement of residents are  followed; and/or
  3. Payment for the cost of relocating residents to other facilities.
     C.   Section 1919 (h) (2) (E) provides that the reasonable expenditures of a State to provide for temporary management and other
     expenses are considered, for purposes of section 1903(a)(7), to be necessary for the proper and efficient administration of the State plan.
     D. Costs for the Relocation of Residents to Other Facilities.
  1. The closure or termination of a nursing facility can occur as a result of survey and certification regulatory requirements not met in 42 CFR 483.5, 483.10 - 483.75.  The closure or termination proceedings could be based on findings including but not limited to immediate jeopardy, actual harm, potential for harm but not actual harm, and not achieving or maintaining substantial compliance during a specified time per the regulatory requirements.  Sections 1819(h)(4) and 1919(h)(5) of the act and 42 CFR 488.456 and 489.53 provide for termination of skilled nursing facility and nursing facility provider agreements.
  2. Costs for the relocation of residents to other facilities (e.g., another nursing facility, hospital or swing beds, assisted living facilities; any residential type  facility that can meet the medical necessity of the resident being transferred) when the current residing facility has not met the requirements to achieve or maintain substantial compliance may lead to the transfer of residents, or closure of the facility and transfer of residents as required in CFR 42, Section 488.426 which states that in an emergency, the State (Survey agency) has the authority to -

              a. Transfer Medicaid and Medicare residents to another facility; or
              b. Close the facility and transfer the Medicaid and Medicare residents to another facility.

It is required to transfer residents when a facility's provider agreement is terminated; the State survey agency arranges for the safe and orderly transfer of all  Medicare and Medicaid residents. A finding of immediate jeopardy will not, in and of itself, require the State to close a facility and transfer residents.  It could, however, result in the immediate  termination of a Medicaid provider agreement and the subsequent transfer of residents.  During an emergency, the State Survey Agency can permanently or temporarily transfer residents to another  facility until the original facility maintains substantial compliance for a specified time frame and has been determined by the licensing and certification agency and the Division of Medicaid that is  able to care for its residents.

     E.
Maintenance of Operation of a Facility Pending Correction of Deficiencies or Closure.
During the pending closure or termination of a facility's provider agreement, the Division of Medicaid may incur costs to monitor maintenance of the facility's improvement or correction of the deficient practice(s) for the health and safety of the residents including providing education and/or training as described in II. B.  The criteria outlined must be followed in order  to implement this technical assistance during a noncompliance status of a nursing facility.

     F.
Reimbursement of Residents for Personal Property Lost
A Statement of Deficiency must be cited by licensure and certification, for the lack of meeting requirements to replace a lost item that has been filed with the nursing facility of residence.  If the facility's protocol and federal survey protocol were not followed and a deficiency was cited by the licensure and certification agency, reimbursement will be considered on a case by case basis.  There is a maximum of $1,000 and a minimum of $100 per item in a fiscal year per beneficiary.


II     Innovative State Use of the CMP Funds - Incentives for High Quality Care
Section 1919 ((h)(2)(F) provides that in addition to the remedies specified in this paragraph, a State may establish a program to reward, through public recognition, incentive  payments, or both, nursing facilities that provide the highest quality care to residents who are entitled to medical assistance. CMP funds may also be used as incentive and educational funds for noncompliant facilities to attain compliance status and stay in compliance.

For purposes of section 1903(a)(7), proper expenses incurred by a State in carrying out such a program are considered as expenses necessary for the proper and efficient  administration of the State plan under this title.
     A.  Enhancement Grant Award
CMP funds used for an Enhancement Grant Award are for those facilities which have maintained compliance with the federal requirements for long term care. The purpose of the Enhancement Grant Award is to provide a nursing facility with the opportunity to receive funding for innovative programs/projects that will directly and/or indirectly benefit the residents by providing an enhanced quality of life; e.g., provide environmental changes that include participation of the resident on a regular basis. The grant award should be self-sustaining once implemented. The application should include plans for maintaining the program/project once the grant for implementation has ended. Costs to maintain the program/project will be allowable on the facility's cost report. The criteria are as follows:
  1. Facility must have had no deficiencies or must have been in substantial compliance in the most recent certification period (Amended 7/18/06). (Definition – scope and severity A, B, or C; or no deficiencies cited).
  2. Includes all survey types – standard, revisit and complaint surveys.
  3. Facility must not have any pending enforcement actions.
  4. Facility must not have any outstanding penalties/sanctions by the Division of Medicaid or Center for Medicare and Medicaid Services.
     B.  Educational Program Award
An Educational Program Award may be requested by nursing facilities for educational training or other innovative means to prevent continued noncompliance with the federal  requirements for long term care facilities.  The proposal should address the areas of noncompliance and how the facility can use the grant to obtain and maintain compliance. Facilities requesting a grant award for this purpose must meet criteria either in 1, 2 or 3, and 4, 5, and 6 as follows:
  1. Facilities with immediate jeopardy/substandard quality of care for a standard, revisit or complaint survey during the current and previous certification periods.
  2. Facilities identified with pattern or widespread actual harm for a standard, revisit or complaint survey during the current and previous certification periods.
  3. An active Quality Assessment and Assurance Committee of the facility must identify, respond to, and evaluate its responses to issues which require quality assessment and assurance activity on a routine basis. Consistent plans of correction to deficient practices cited by survey and certification were implemented but continue to fail to maintain substantial compliance should  be identified.
  4. The facility must be able to identify areas of education/training needs not available via current corporate or facility/contract employment.
  5. The facility must identify efficient uses of the Educational Program Award to accomplish and maintain compliance status as required under CFR 42. 483.10 - 483.75.
  6. The grant award will be a one time expenditure that will benefit the residents.
     C. Bids and Quotations
All applications must include three quotes for costs of equipment, construction and/or labor for both grant award types. The quotes shall be from reputable companies that comply with all federal, state and local laws as required for the health and safety of residents in the nursing facilities.

III.   CMP Funds Used for the Issuance of Grants
     A. General Requirements
The Division of Medicaid will set aside an annual grant award amount from the Civil Money Penalty Fund as follows:
The dollar amount of the annual set aside shall not be greater than $250,000.  At no time shall a grant set aside cause the CMP Fund to go below $2,000,000.
     1. The Enhancement Grant Award will not be less than $5000 and shall be awarded as follows:
  • No deficiencies: up to $50,000
  • A only deficiency(ies):  up to $45,000
  • B is the highest deficiency: Up to $40,000
  • C is the highest deficiency: Up to $35,000
     2. The Educational Program Award will not be less than $5000 and not over $20,000 per nursing facility. The Educational Program Grant shall not include construction or building funding.
     3. The grant award will be a one time award that will benefit the residents of the nursing facility.
     4. A nursing facility may not submit a request for or receive a grant for the same type of program/project previously awarded to that facility.
     5.   The nursing facility may only receive a maximum of two (2) grants within a five-year period.
     6. The nursing facility must provide evidence that the Enhancement Grant Award or the Educational Program has been implemented.  Progress reports will be required quarterly following the date of the award through completion .  The reports must include outcome measures.
     7.   The nursing facility must return the grant award or the Division of Medicaid will recoup all moneys awarded if the Enhancement Grant Award or the Educational Program is not implemented within the approved time period of the grant award. 8.   The grant award will be a restricted grant. The related expenses will not be allowable on the cost report. 9.   Grant Moines must only be requested for programs/projects outside the scope of normal operations for the facility. 10.  The grant award cannot be used for employee salaries.  11. Each grant must score an average of at least 80% to recommend to the Executive Director for an award.              
     B. Protocol for Grant Reviews and Awards:
  1.  A Grant Award Review Committee will review all grant applications submitted within the required time frame utilizing a point system indicated on the Instruction Application Sheet as follows:
Evaluation Criteria Maximum Points
a. Objectives (5 points)
b. Background and Importance (15 points)
c. Benefits to Residents (25 points)
d. Applicant's ability to provide the required services as reflected/evidenced by the qualifications (education, experience, etc.) to implement the project/program. (20 points)
e. Applicant's proposed continuation of project/program upon completion. (20 points) 
f. Applicant's ability to provide adequate use of current resources including contract resources, personnel, equipment, facilities, and financial resources to implement the project/program (10 points)
g. Budget (5 points)

     2. The seven-member Committee will consist of the following:
  • Institutional Long Term Care Director
  • Long Term Care Bureau Director
  • Mississippi State Department of Health, Licensure & Certification Representative
  • Reimbursement Bureau Representative
  • Mississippi Health Care Association Representative
  • Independent Nursing Home Association Representative
  • Executive Director Representative
  • Office of the State Ombudsman, Area on Aging, Department of Human Services, Ad Hoc member
     3. Each Grant application must include at least the following:
          a. Application Division of Medicaid Forms
          b. Abstract/Summary
          c. Project/Program Narrative
  • Background and Importance
  • Benefits to Residents and Number of Residents to be served
  • Evaluation and Analysis Plan
  • Work Plan
  • Program/Project Staff
  • Continuation Potential, including projected costs
          d. Budget
          e. Qualifications of Professionals and other staff
Instructions and forms required will be available via the Division of Medicaid web site: www.medicaid.ms.gov or by written request.

     4. Timelines:
          a. The Grant Award application must be received no later than April 15 for the first year of the grant
          award program and thereafter no later than January 15 of each year grant funds are available.
          b. The Grant Awards will be awarded on or before June 15 for the first year of the grant award
          program and thereafter on or before April 1 of each year grant funds are available.
          c. Issuance of Grant Awards: July 1 of each year grant funds available.
     5. The grant award will be provided in three phases as follows:
          a. Initially, 50 % of the grant will be awarded.
          b. Second Request with Progress Report - additional 25% of the grant award.
          c. Third Request with Progress Report - final 25% of the grant award.
     6.  Purchase of an item(s) as a one time only grant award will be provided in full. The grantee must provide
          a quarterly progress report and Final Report for one year from the date of the grant award addressing the items listed
          in item number 7.
     7.  A Final Report must be submitted to the Division of Medicaid within 60 days of completion of the
          program/project. It must include the following:
          a. Purpose of the Grant
          b. Projected Outcomes
          c. Actual Outcomes
          d. Number of Residents Benefited from the Program/Project
          e. Action Plan for Continuation
          f. Projected Costs for Continuation of Program.


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Sillers Building, 550 High Street Suite 1000, Jackson, MS 39201-1399
telephone: 601-359-6050 or toll free: 1-800-421-2408