Federal Register Notice Focuses on Nurses for Nursing Homes

In an Aug. 19 notice in the Federal Register, the Dept. of Health and Human Services (HHS) is establishing a new system of records to be maintained by the Centers for Medicare and Medicaid Services (CMS) for the “Nurses for Nursing Homes Program (NNHP).”

The program is part of the Nursing Home Staffing Campaign, which has the stated goal of increasing the number of nurses working in nursing homes and at related state agencies, ultimately improving and protecting residents’ health and safety. Details on how nurses will be selected and when have not yet been released.

The notice said the new system of records will cover the collection of records on individuals who apply for, participate in, or otherwise support the NNHP.

“Records maintained in the system will include personally identifiable information, including demographic, professional licensure and credential information, education and training information, employment and nursing facility affiliation, payment information, tax reporting, audit records, and other records necessary to administer the program,” the notice said.

CMS will use these records to support the administration of a nursing workforce incentive program designed to strengthen the workforce serving Medicare- and Medicaid-certified nursing homes with a focus on underserved and rural communities.

What Is the Purpose?

The notice said relevant agency personnel use records about individuals in this system of records on a need-to know basis for the following purposes:

1. To identify and select qualified RNs and LPNs/LVNs to participate in the program, including verifying initial eligibility based on nursing licensure, employment at a qualifying CMS-certified nursing facility, and commitment to a CMS-established service period;

2. To maintain and verify program applicant and participant credentials, nursing licensure, and employment data to confirm that all claimed background and employment information is valid and all credentials are current and in good standing throughout the duration of the service commitment;

3. To administer financial incentive payments, including student loan repayment awards and incentive stipends, disbursed quarterly over the CMS-established commitment period via an Automated Clearing House/ Electronic Funds Transfer (ACH/EFT) payment rails;

4. To process and issue federal tax reporting documentation, including Form 1099, for incentive payments made to participating nurses, and to fulfill related obligations to the IRS and Department of the Treasury;

5. To respond to inquiries from program applicants, participants, their authorized representatives, and congressional representatives regarding application status, payment processing, eligibility determinations, and service commitment compliance;

6. To compile and generate managerial, compliance, and statistical reports related to program administration, payment tracking, and participant compliance with service requirements;

7. To monitor participating nurses' ongoing compliance with service commitment requirements at eligible CMS-certified nursing facilities, including periodic verification of hours worked, employment status, and continued facility eligibility

8. To detect and prevent duplicate or fraudulent applications through Social Security number (SSN)-based duplicate detection, nursing license verification, and identity proofing via Identity Assurance Level 2 (IAL2)-certified Credential Service Providers, consistent with Routine Use 1 (contracted services assisting CMS in carrying out program functions) and Routine Use 3 (disclosures to agencies responsible for enforcing, investigating, or prosecuting violations);

9. To facilitate state Medicaid agency fund transfers related to the program's financial administration, to support enrollment reporting to state agencies for participating nurses and facilities, and to provide payment reporting to state agencies as required by applicable program and Medicaid requirements; and

10. To maintain audit logs, including IP address and device data, for fraud detection and system security purposes from all users accessing the program portal and CMS-operated systems in accordance with Federal Information Security Modernization Act and National Institute of Standards and Technology requirements.

Comments? Contact Patrick Connole at pconnole@parkplacelive.com.