Ep. 40 – Complying with Expanded Medicare Disclosure Requirements for Skilled Nursing Facilities

The Centers for Medicare & Medicaid Services (CMS) is in the midst of an off-cycle revalidation process for all Medicare-participating skilled nursing facilities (SNFs), requiring them to submit much more information regarding their ownership and operations than they have in the past. The expanded disclosure requirements were first introduced as part of the Affordable Care Act. Regulations implementing the expanded disclosure requirements were finalized by CMS in November 2023; however, the updated enrollment forms and guidance were released in October with an extended compliance deadline of May 1, 2025.

The expanded disclosure requirements are operationalized through a SNF’s submission of CMS Form 855A and specifically, a new Attachment 1 to the Form 855A which is specific for SNFs. CMS has also issued additional SNF guidance on its interpretation of the expanded disclosure requirements.

One of the biggest changes for SNFs is the requirement to now disclose individuals and entities involved in the management or operations of the SNF, including those providing clinical consulting services, cash management services, and policies and procedures for all or any part of the SNF; as well as owners of the real property the SNF is located on. These additional individuals and entities are referred to as “Additional Disclosable Parties” or “ADPs” and SNFs are required to not only disclose the ADPs but also the owners of the ADPs.

This week’s podcast discusses the new disclosure requirements and recommendations for SNFs on areas they will likely need to work with their legal counsel on. SNFs can access the new form and CMS guidance here and here.