CMS Releases Clarification on Interpretive Guidance

VHCA (1/25/2008)

The Centers for Medicare and Medicaid (CMS) issued a Survey & Certification memo regarding the use of interpretive guidance by surveyors to assess compliance with regulatory requirements and cite deficiencies.  CMS is clear in pointing out that when the agency issues new interpretive guidance, it is not to create new requirements. The memo, which is effective immediately, concludes "that surveyors must base all cited deficiencies on a violation of statutory and/or regulatory requirements, rather than sections of the interpretive guidelines."  The deficiency citation must be written to explain how the entity fails to comply with the regulatory requirements, not how the facility fails to comply with the guidelines for the interpretation of those requirements.