Publications: Legal Matters – Never Admit To Wrongs In Plans Of Correction

Question -

What cautions do you have about filling out CMS 2567s for plans of correction?

Answer -

A facility is required to submit a plan of correction for any alleged deficiency of “B” or higher, unless one is contesting the deficiency through the Informal Dispute Resolution(IDR) procedure. Even then, it is a good idea to submit a POC in case the IDR does not eliminate the deficiency. These general principles may vary slightly from state to state.

• Read the cover letter that comes with the deficiency notice. It usually states the points that the state agency wants addressed in the POC. The points change from time to time, so review them and make sure you address them in your POC.
• Never try to explain the reason for the deficiency. The facility is responding to alleged deficiencies; never admit any of them. Admitting any deficiency can come back to haunt you, if, for instance, you later contest it in an IDR or at hearing.
• It is usually a good idea to state a general disclaimer as part of the POC. For instance, “This plan of correction is being submitted pursuant to the applicable federal and state regulations. Nothing contained herein shall be construed as an admission that the Facility violated any federal or state regulation or failed to follow any applicable standard of care.”
• Concentrate only on the alleged deficiencies; do not address matters outside of them.
• Make the POC livable, simple to implement, and easy to verify the Facility’s compliance with it. You want to make sure that the corrections to which you commit get done and that you are able to prove so.

Pick an advantageous completion date. You can adopt the date certain (the latest date by which the deficiency must be corrected) from the state agency, or you can decide on an earlier date.

Reproduced with permission from McKnight's Long-Term Care News

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