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The longstanding direct support workforce crisis, exacerbated by the COVID-19 pandemic, has led to closures of critically needed services and a denial of access to community-based supports.
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Capitol Correspondence - 02.18.20

CMS Proposes Updating Regulations on Screening for Nursing Facilities, Including Definition of I/DD

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The Centers for Medicare and Medicaid Services (CMS) has released a notice of proposed rulemaking (NPRM) to update regulations surrounding the Preadmission Screening and Resident Review (PASRR) process. This caught ANCOR’s attention because the PASRR process can be applied to people with intellectual / developmental disabilities (I/DD) currently in or seeking to be placed in nursing facilities. ANCOR is still analyzing the content of the NPRM but wanted to share CMS’ announcement in the meantime for the awareness of our members.

As announced by CMS:

“Today the Centers for Medicare & Medicaid Services (CMS) released a Notice of Proposed Rulemaking (NPRM) to propose revised regulations for Preadmission Screening and Resident Review (PASRR). Sections 1919(b)(3)(F) and (e)(7) of the Social Security Act require that all applicants to and residents of Medicaid-certified nursing facilities (NFs) be screened for mental illness (MI) and intellectual disability (ID) and, if necessary, be provided specialized services while in the NF. This NPRM will mark the first time the PASRR regulations have been significantly and substantively updated since they were initially promulgated 1992. Regulatory updates are needed to modernize the regulations and align with current statutory requirements; reduce duplicative requirements and other administrative burdens on state PASRR programs; and make the process more streamlined and person-centered.

Proposed changes to the PASRR regulations contained in this NPRM include: updating PASRR-specific definitions of MI and ID; streamlining the Preadmission Screening process; implementing statutory changes to the Resident Review requirements that are not reflected in current regulations; authorizing the use of telehealth technology; simplifying the list of information that must be collected during evaluations; clarifying that Federal Financial Participation (FFP) is available for specialized services; placing greater emphasis on the role of the individual’s preference for where to receive long-term services; and clarifying state PASRR programs’ federal reporting obligations.