The new ALC regulation, 902 KAR 20:480, became effective July 25, 2023, and the final version will soon be available at https://apps.legislature.ky.gov/law/kar/titles/902/020/. The regulation will be enforced for ALCs only after they become licensed by OIG. Next month’s newsletter will include information about: the new regulation’s requirements, how an existing ALC or personal care home can become licensed as an ALC, and the timeline for conversion. 

The Center of Excellence for Behavioral Health in Nursing Facilities (COE-NF) provides trainings and consultations at no cost to certified Medicare and Medicaid program nursing facilities. The COE-NF’s comprehensive and foundational trainings assist nursing facility staff in being more confident, competent, and compassionate as they care for residents who have substance use disorders or mental health needs.

Registration for these first-step, free trainings is available HERE. Training topics include Mental Health 101, Substance Use 101, Co-Occurring Disorders and Trauma-Informed Care and more.

Interested in learning more? Visit the COE-NF website at nursinghomebehavioralhealth.org or view the flyer HERE.

CMS is providing notifications to Skilled Nursing Facilities (SNFs) and non-Critical Access Hospital (CAH) Swing Beds (SBs) that were determined to be out of compliance with SNF Quality Reporting Program (QRP) requirements for calendar year (CY) 2022, which will affect their fiscal year (FY) 2024 Annual Payment Update (APU). Non-compliance notifications will be distributed by the Medicare Administrative Contractors (MACs) and will be placed into facilities’ My Reports folders in iQIES on July 20, 2023. If you receive a letter of non-compliance may submit a request for reconsideration to CMS via email no later than 11:59 pm, August 18, 2023. If you receive a notice of non-compliance and would like to request a reconsideration, see the instructions in your notification letter and on the SNF Quality Reporting Reconsideration and Exception & Extension webpage.

The final Minimum Data Set (MDS) 3.0 Item Sets version (v)1.18.11 have been updated and are now available in the Downloads section on the Minimum Data Set (MDS) 3.0 Resident Assessment Instrument (RAI) Manual page. The IPA, NP, and SP Item Sets have been replaced with revised versions; the remaining item sets remain unchanged from the last posted version. The MDS Item Sets v1.18.11 will be effective beginning October 01, 2023.

For information on the CMP Reinvestment Fund and the COVID-19 Emergency CMP grants, as well as links to the applications, please view the attached KY CMP Information Brochure or visit Civil Money Penalty Funds - Cabinet for Health and Family Services (ky.gov).

For questions or assistance please contact Lena Mullins-Datko, Grants Administrator, at lena.mullinsdatko@ky.gov or CMPApplication_OIG@ky.gov.

Please note: While the CMS review is ongoing, CMS will continue to approve applications for the COVID-19 Emergency CMP Grants. Therefore, interested parties may continue to submit applications for COVID-19 Emergency CMP grants to OIG for consideration.

Terri Gipson, Regional Program Manager

Tammy Ricks, Regional Program Manager

Every Long Term Care provider has the right to both an informal and formal appeal process following receipt of a completed Form CMS-2567. There are two informal appeal processes: Informal Dispute Resolution (IDR) and Independent IDR (IIDR).

Please complete the Confidentiality Agreement and submit via email, fax, or mail to:

All certified nursing facilities must sign up for ePOC. Please be diligent about keeping your account and password up to date. All correspondence is handled in the ePOC system, including the plan of correction. Furthermore, if there is a change in administrator, it is incumbent upon the facility to update the system.

Click here for the CMS security rules.

If your facility is not yet signed up, see the Account Setup instructions.

Not sure if your facility has any ePOC accounts or have other questions? E-mail ePOC.Support@ky.gov or contact Melissa Richard, Training & QA Branch Manager, at MelissaD.Richard@ky.gov or (502) 564-5817.

Division of Health Care 

If you have received a copy of this newsletter from a friend or co-worker, you can click here and enter your information to join our mailing list, or contact MelissaD.Richard@ky.gov.