The Centers for Medicare & Medicaid Services (CMS) has revised its policy on the public release of the Form CMS-2567: Statement of Deficiencies and Plan of Correction (CMS-2567). Under the new guidance, the CMS-2567 will be publicly releasable as soon as it is received by the provider, supplier, or laboratory. This policy applies to all Medicare-certified providers and suppliers, as well as CLIA-certified laboratories, and is effective immediately.
Previously, CMS delayed public release of the CMS-2567 until after a provider’s Plan of Correction (POC) or Allegation of Compliance (AOC) had been approved, resulting in delays of up to 90 days or more in some cases. CMS is eliminating this delay, stating that survey findings document important health and safety issues and should be made available to beneficiaries and the public in a timely manner.
The updated release timeline aligns with existing nursing home regulations under 42 CFR § 488.325, which require CMS-2567 forms to be publicly released within 14 days of transmission to the facility. CMS is now applying the same expectation across all Medicare-certified providers, suppliers, and CLIA-certified laboratories. While the CMS-2567 will be made public immediately, providers and suppliers will continue to have the opportunity to submit a POC or AOC within the established response window.
This change does not apply to survey findings from Accrediting Organizations (AOs), except for surveys of home health agencies and hospice programs. Public disclosure for hospice AO surveys applies only to those conducted on or after October 1, 2022.
CMS states that the change is intended to promote transparency and ensure timely access to important health and safety information. Providers and suppliers should review their internal processes to ensure timely and accurate responses to survey findings under the updated policy.
The guidance can be accessed here.
Compliance Perspective
Issue
CMS has updated its policy on the public release of Form CMS-2567: Statement of Deficiencies and Plan of Correction. Under the new guidance, survey findings will be made publicly available as soon as the CMS-2567 is received by the provider, supplier, or CLIA-certified laboratory. This change eliminates the previous delay for public release while CMS reviewed the facility’s Plan of Correction (POC) or Allegation of Compliance (AOC). Providers must be prepared to respond promptly and accurately, as survey results will now be accessible to the public immediately, regardless of POC or AOC status.
Discussion Points
- Review and update your facility’s policies and procedures for survey management and follow-up to reflect the new CMS-2567 public release timeline. Ensure processes support timely review and response to survey findings.
- Educate staff involved in the survey process on the new release timeline and reinforce expectations for thorough and prompt responses.
- Audit recent survey responses to ensure documentation is complete, accurate, and aligned with regulatory standards. Use findings to improve processes and support compliance.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*