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CIVIL MONEY PENALTY FUND – REINVESTMENT PROGRAM SCHEDULE FOR PROJECTS THAT WILL START DURING STATE FISCAL YEAR 2024

The Civil Money Penalty (CMP) reinvestment funds help improve the quality of life for individuals residing in nursing facilities within the Commonwealth.  This bulletin outlines this year’s timeline and process for projects applying for CMP reinvestment funds.  It also reminds potential applicants of requirements, exclusions, and frequently asked questions.

The CMP reinvestment fund is a collection of money penalties the U.S. Centers for Medicare & Medicaid Services (CMS) may impose on skilled nursing facilities (SNFs), nursing facilities (NFs), and dually-certified SNF/NF for either the number of days or for each instance a facility is not in substantial compliance with one or more Medicare and Medicaid participation requirements for Long-Term Care Facilities (LTC) (Code of Federal Regulations (CFR) 42 Part 488.430).  The requirements for participation with Medicare and Medicaid for (LTC) facilities may be found in CFR 42 Part 483.

In accordance with federal regulations, eligible applicants include, but are not limited to, licensed and Medicaid-certified nursing facilities, healthcare systems, state agencies, for-profit or non-profit organizations, provider associations, and universities.  Individuals are not eligible for CMP Reinvestment funds.  If you would like confirmation of your organization’s eligibility to apply for CMP Reinvestment funds, please contact the CMP Reinvestment Program Team at CMPFunds@dmas.virginia.gov.

In Virginia, CMP reinvestment funds are used in accordance with federal regulations for projects that directly benefit individuals residing in a nursing facility in the Commonwealth.  Projects must be reviewed by DMAS and approved by CMS.  The goal of the CMP reinvestment funds is to help protect and improve the quality of care for individuals residing in nursing facilities.  Utilizing CMP reinvestment funds provides a unique opportunity to improve the lives of many individuals across the Commonwealth.  DMAS has the responsibility for administering these funds and providing direct oversight in accepting proposals.

CMP-REINVESTMENT PROGRAM PROJECTS

The Virginia General Assembly continues to appropriate CMP reinvestment funds for DMAS and CMS-approved projects that protect or improve the quality of life and care of individuals in nursing facilities.  Through an annual proposal submission and review process, DMAS will continue to ensure that CMP guidelines and policies are followed.  Upon review by the Commonwealth that the proposal is complete, DMAS will forward projects for review and final approval to CMS.  If approved by CMS, a contract will be issued and DMAS will oversee project progress by way of reviewing obligatory quarterly and final program and financial reports.

Information concerning awarded projects, including dollar amounts, recipients, project results, and other relevant information, can be found using this link:  https://www.dmas.virginia.gov/for-providers/long-term-care/programs-and-initiatives/civil-monetary-penalty/.

APPLICATION PROCESS

Applicants must submit a formal Project Application via Virginia’s electronic procurement system, eVA.  Applications must be submitted via eVA to be eligible for consideration.  It is strongly encouraged that applicants use the Application Guidelines and information from the website above when completing a Project Application.  DMAS has suspended the requirement that applicants submit a Letter of Intent to Apply.

The timeline for submitting Project Applications for projects beginning July 1, 2023 will be January 18, 2023 to February 28, 2023.

The full details on the proposal submission and review process, including how to submit proposals and the requirements of proposals, will be found on eVA, and provided on the DMAS website provided above.

CMP Reinvestment Program SFY2024 Timeline

FREQUENTLY ASKED QUESTIONS

Below is a list of frequently asked questions compiled by the Center for Medicare and Medicaid Services (CMS).  These and other questions can be found on the CMS website at:  https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/LTC-CMP-Reinvestment

They can be accessed by clicking on the file titled, “CMP Reinvestment Website Frequently Asked Questions” in the Downloads section.

Q1:   Are there prohibited uses of CMP reinvestment funds?

A:  CMP reinvestment funds may not be used for uses prohibited by law, regulation, or CMS policy.  These include and are not limited to:

-     Projects disapproved by CMS;

-     Survey and certification operations or State expenses;

-     Capital expenses of a facility;

-     Nursing facility services or supplies that are the responsibility of nursing facilities (such as laundry, linen, food, heat, staffing costs, etc.);

-     Funding projects, items or services that are not directly related to improving the quality of life and care of individuals who are residents of nursing facilities;

-     Projects for which a conflict of interest or the appearance of a conflict of interest exists;

-     Long-term projects (greater than 3 years);

-     Temporary manager salaries;

-     Nurse aide training; and

-     Supplementary funding of federally required services (e.g., Quality Improvement Organization-Quality Improvement Network Initiatives).

Q2:   Who may apply for the use of CMP reinvestment funds?

A:  Funds may be granted to any entity for proper use of CMS-approved projects to protect or improve the quality of life for individuals in nursing facilities provided 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 reinvestment funds may not be used to enlarge or enhance an existing appropriation or statutory purpose.

416. Is there a time limit on projects?

A:  Projects cannot exceed three years, but there is no minimum requirement for project length.

416. Where can additional application information be found?

A:  Additional information, application, and guidelines may be found here:  https://www.dmas.virginia.gov/for-providers/long-term-care/programs-and-initiatives/civil-monetary-penalty/.

416. Who should I contact with additional questions?

A:  Virginia CMP Reinvestment Program Team

CMPFunds@dmas.virginia.gov
(804) 629-7455