Health Law Daily Wrap Up, SKILLED NURSING FACILITIES—CMS LETTERS: States may use short form fire safety survey for nursing facilities, (Apr 10, 2013)

By Michelle L. Oxman, JD, LLM

CMS has released a short form survey for use by state agencies to survey designated skilled nursing facilities (SNFs) that previously have demonstrated compliance with fire safety requirements for functioning sprinkler systems (CMS Memorandum to State Survey and Certification Agencies, No. S&C-13-22, April 5, 2013). The agency’s action is taken in an effort to target the use of its limited resources in the wake of the 2 percent cut in Medicare payments that went into effect April 1, 2013, as part of the budget sequester. All SNFs are required to be fully sprinklered by August 13, 2013.

Short form surveys. State survey agencies may choose whether to adopt the short form fire safety survey, which focuses on specific K tags and eliminates the need for time-consuming tasks such as above-ceiling inspection. However, if serious deficiencies are found, the full fire safety survey will be required.

Eligible facilities. CMS will provide the state survey agencies with a confidential list of facilities that may be eligible for the shortened fire safety survey. These facilities must have: (1) previously demonstrated that they have fully functioning automatic sprinkler systems; (2) no significant waivers of Life Safety Code requirements; (3) not been certified using the Fire Safety Evaluation System for Health Care Facilities; (4) passed a long form survey within the preceding two survey cycles; and (5) not been cited for deficiencies involving specific fire safety-related K tags in the preceding two years.

Mandatory training. All surveyors who will participate in the short form survey must have completed training on its use. CMS will notify the agencies when the training is available. The agency expects to provide the training in a webinar format.

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