CMS has recently rescinded its July 2017 guidance that CMPs should be imposed for prior non-compliance on a per-instance basis only. CMS posted the rescission on their website, stating:
“Upon further consideration, CMS has determined that the agency should retain the discretion at this time to impose a per-day penalty where appropriate to address specific circumstances of prior noncompliance. We will work within CMS operations to apply such discretion, and any final notice of noncompliance will set forth the penalty, and the reason(s) for imposing per-instance or per-day penalties.” At this time, CMS has not posted and new or revised guidance.