Federal regulators have expanded the use of escrow accounts so that as of this month, providers will be subject to their use for any kind of deficiency from a standard or complaint survey that draws a civil monetary penalty.
Previously, providers have to put money in escrow only for fines related to actual harm or immediate jeopardy (Level “G” or higher).
The new requirement applies only for surveys that began on or after Oct. 1, or have roots after that date, according to the Centers for Medicare & Medicaid Services.
Operators still are entitled to request either a standard or independent informal dispute resolution proceeding once a civil monetary penalty is imposed and the amount to be placed in an escrow account is determined, the memo notes.
CMS is allowed to collect and place the money in escrow as of the date an independent informal dispute resolution is completed or 90 days after the date of the penalty notice, whichever occurs first.