CMS published an interim final rule in the Federal Register on February 18, 2011, amending the long-term care facility closure notice requirements. Long-term care facilities affected by the new rule include skilled nursing facilities (SNF) in the Medicare program and nursing facilities (NF) in the Medicaid program. The Interim Rule, which implements section 6113 of the Affordable Care Act, becomes effective on March 23, 2011. However, CMS will accept comments on the Interim Rule through April 19, 2011. 76 Fed. Reg. 9503 (Feb. 18, 2011).

The Interim Rule places primary responsibility on individuals serving as administrators of a SNF or NF to timely report a facility’s impending closure. The regulations also outline when Medicare and Medicaid reimbursement may be available during the closure process.

Under the Interim Rule....