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Date ArticleType
10/3/2016 INCAL
RoP Final Rule Does Not Apply to AL

CMS' final rule on requirements of participation for LTC facilities does not apply to AL, including those that take Medicaid. In this context, a LTC facility is defined as a SNF or nursing facility. There was a misprint in the Sept. 28 edition of the NY Times article covering the arbitration ban that indicated AL communities; this was inaccurate and has been fixed.

CMS specifically addresses the applicability of the rule to AL as follows:
This rulemaking applies to Medicare- and Medicaid-certified long term care facilities as defined at sections 1819 and 1919 of the Act and all facilities receiving payment under such programs... We note that CMS does not issue regulations or guidance for assisted living facilities, nor are they eligible for Medicare reimbursement. While some assisted living facilities do provide health services (such as medication supervision, nurse support, and emergency medical assistance for residents), they are not classified as health care providers or suppliers under the Act. Some states do regulate them, often as social service providers rather than health care providers. The requirements in this rulemaking may be helpful to other health care and social service settings, but only LTC facilities are required to meet them.