Massachusetts Civil Monetary Penalties Fund Use Plan

Civil Monetary Penalty (CMP) funds provide Massachusetts with money to support activities to protect, improve the quality of care or improve the quality of life of nursing home residents.

A CMP is a monetary penalty the Centers for Medicare & Medicaid Services (CMS) may impose against a nursing home when the facility does not meet one or more of the federal requirements to participate in Medicare and Medicaid programs.

CMS releases a portion of the CMP funds to the state where they are collected, and these funds may be reinvested to support activities that benefit nursing facility residents, and that protect or improve their quality of care or quality of life.

Since the inception of the CMP fund program, Massachusetts has funded a variety of projects to protect or improve the quality of care or quality of life of nursing home residents. More information about past and current CMP projects is available on the Nursing Home Quality Improvement webpage.

Visit the CMS website to learn more about the reinvestment of CMP funds and to find detailed funding information for projects.

Project Proposals

In order to promote transparency and ensure fairness, DPH will solicit proposals for the use of CMP funds using the state’s procurement process. Specific details concerning the amount of funding available for projects and selection criteria will be released through the Request for Response (RFR) process. RFRs will be posted on the state’s COMMBUYS website, and include detailed instructions on the process for submitting proposals.

Solicitation of Proposals

DPH will solicit proposals from capable parties for the use of CMP funds using the RFR process.

CMP funding for a project will not exceed three years. Applicants may propose projects which can be completed or sustained in less than 3 years.

DPH will solicit proposals for projects to begin in 2018 that either pilot innovative approaches, or seek to implement proven methods to protect nursing home residents, or improve the quality of care or quality of life of nursing home residents through a variety of ways, examples of which may include, but are not limited to the following areas:

  • The development and implementation of methods, tools and techniques to assist and support Resident Councils and Family Councils in the promotion of meaningful engagement by residents and families in the care planning process.
  • The development and implementation of methods, tools and techniques to promote family teaching to reduce re-admission and hospitalizations following discharge from a nursing home.
Evaluation and Acceptance of Proposals

DPH will accept applications from capable parties through the RFP process only. In order to be considered, a proposal for the use of CMP funds must be:

  • Consistent with the federal requirements for CMP fund usage at 42 USC 488.433
  • From an applicant that is:
    • Qualified and capable of carrying out the intended project(s) or use(s);
    • Not in any conflict of interest relationship with the entity(ies) who will benefit from the intended project(s) or use(s);
    • Not a recipient of a contract or grant or other payment from Federal or State sources for the same project(s) or use(s);
    • Not paid by a State or Federal source to perform the same function as the CMP project(s) or use(s). CMP funds may not be used to enlarge or enhance an existing appropriation or statutory purpose that is substantially the same as the intended project(s) or use(s).
  • Submitted in a timely manner in the format specified in the RFP.

For planning purposes, interested capable parties should anticipate that they will be required to include as a part of their application:

  • Purpose and Summary: Project title, purpose, and project summary;
  • Expected Outcomes: Short description of the intended outcomes, deliverables, and sustainability;
  • Results Measurement: A description of the methods by which the project results will be assessed (including specific measures);
  • Benefits to Nursing Home Residents: A brief description of the manner in which the project will benefit nursing home residents;
  • Non-Supplanting: A description of the manner in which the project will not supplant existing responsibilities of the nursing home to meet existing Medicare/Medicaid requirements or other statutory and regulatory requirements;
  • Consumer and other Stakeholder Involvement: A brief description of how the nursing home community (including resident and/or family councils and direct care staff) will be involved in the development and implementation of the project;
  • Funding: The specific amount of CMP funds to be used for this project, the time period of such use, and an estimate of any non-CMP funds that the State or other entity expects to be contributed to the project;
  • Involved Organizations: List all organizations that will receive funds through this project (to the extent known), and organizations that the State expects to carry out and be responsible for the project;

Note that all proposals for the use of CMP funds must be approved by CMS before funding can be awarded, in accordance with CMS guidance in CMS Survey and Certification Memo 12-13-NH.

Monitoring and Tracking of Proposals

DPH will monitor and track all funded proposals in accordance with state procurement requirements and to ensure funds are utilized in a manner consistent with federal requirements.  Award information, progress reports and final reports will be made publically available through this website, including information on the dollar amount awarded, grantee or contract recipient, the results of projects and other key information.