Draft Chapter 7 SOM

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Advance Copy of Chapter 7: Chapter 7 of the State Operations Manual (SOM) has been revised to incorporate the following provisions of Section 6111 of the Patient Protection and Affordable Care Act (the Affordable Care Act): • Independent IDR: An independent informal dispute resolution process (independent IDR) will be available when a civil money penalty (CMP) is imposed. • Escrow: After an independent IDR, CMP funds will be collected and placed in escrow pending completion of any formal appeal. • 50 Percent Reduction: A CMP may be reduced by 50 percent in certain cases of prompt correction for self-reported non-compliance. • Use of CMP Funds: A portion of the CMP attributable to Medicare may be used for programs for the protection or benefit of nursing home residents.