Florida Civil Money Penalty (CMP) Program

Agency for Health Care Administration

Health Quality Assurance

68700700

SA 230 SFY 25/26

100777

Sections 20.425(6) and 400.0239(2)(g), Florida Statutes

Civil Money Penalty (CMP) consists of monetary penalties (fines) imposed by the Centers for Medicare and Medicaid Services (CMS) against nursing facilities that have failed to maintain compliance with federal requirements.  A portion of these funds are returned to the State and may be used for projects that benefit nursing facility residents or that protect and improve their quality of life or care.  CMS retains grant approval authority, but oversight responsibility is assigned to the Agency.

AHCA efforts are directed at using CMP funds to support innovative ideas that directly impact quality of care or quality of life of nursing home residents beyond minimum standards.  The ideas proposed must be innovative to the facility, the state or to long-term care.

For purposes of this document the following definitions are used:
1) AHCA - refers to the State of Florida, Agency for Health Care Administration.
2) CMS - refers to the Centers for Medicare and Medicaid Services
3) Grant - refers to the executed agreement signed by the AHCA and Applicant that authorizes the project to be performed.
4) Grantee/Recipient - terms used interchangeably to refer to the Applicant that executes a Grant agreement with the AHCA to perform the project.
5) Program - refers to the Civil Money Penalty (CMP) grant program.
6) Project - refers to the work described in the application for funding and approved for grant award.

Grants

Local Government; Non-Profit; For-Profit

CMP funds may be used for, but not limited to, the following:
1) Training;
2) Transition preparation;
3) Culture change/quality of life;
4) Projects that support resident and family councils; and,
5) Resident transition due to facility closure or downsizing.


Project restrictions include the following:
1) CMS will not approve projects for which a conflict of interest or an appearance of a conflict of interest exists.
2) States may not use CMP funds to pay entities to perform functions for which they are already paid by State or Federal sources.
3) CMP funds may not be used to pay for capital improvements to a nursing home, or to build a nursing home.  (Funds will not be provided for the purchase or rental of generators.)
4) CMP funds may not be used to pay for nursing home services or supplies that are already the responsibility of the nursing home, such as laundry, linen, food, heating/cooling or staffing costs. (Funds will not be used to pay for mobile generators.)
5) CMP funds may not be used to pay the salaries of temporary managers who are actively managing a nursing home.
6) CMP funds may not be used as supplementary funding of federally required services.  For example, CMP funds may not be used to recruit or provide Long-Term Care Ombudsman certification training for staff or volunteers or investigate and work to resolve complaints as these are among the responsibilities of Long-Term Care Ombudsman programs under federal Older Americans Act (OAA), regardless of whether funding is adequate for the purpose.

The AHCA has a standing notice for receiving applications on the Agency's Internet site at the following web address:

http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/CMP.shtml

Interested organizations must complete the CMP Funds Application appearing on the following website:

http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/CMP.shtml

Applications and documentation must be transmitted electronically to AHCA CMP Program Coordinator whose email address appears on the above website.

Applications will not be accepted by fax, hand delivery or mail.

Once an application is received, an email will be sent acknowledging receipt.

There is no application deadline.  However, funding may be limited and applications for projects may be held pending receipt of additional funding/budget by AHCA.  

If awarded a grant under the CMP, the grantee may be paid on a cost reimbursement, fee schedule or fixed price deliverable basis or combination thereof.  Documentation supporting payment by the grantee must be submitted with the invoices to the AHCA for payment. 

The agreement executed between the AHCA and grantee must include sufficient documentation to support a clear payment methodology.  Detailed budgets must be submitted with the application for review and analysis by the AHCA.

Agreements still in effect under this catalog include GFA092. New guidelines were established for the program and can be found under Single Audit Act Catalog of State Financial Assistance No. 68.018.

Kimberly Smoak
Deputy Secretary for Health Quality Assurance
Division of Health Quality Assurance
2727 Mahan Drive, MS2
Tallahassee, FL 32308
Email: kimberly.smoak@ahca.myflorida.com
Phone:(850)412-4516

http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/CMP.shtml