Read the statutory language applicable to this section

Federal regulations


Administrators of a skilled nursing facility or a nursing facility must provide notification to the Secretary of HHS, the State long-term care ombudsman, residents of the facility, and the legal representatives of such residents or other responsible parties, of an impending facility closure not later than 60 days prior to the date of such closure. In the event that HHS terminates the facility’s participation the notice must be provided in accordance with the date that the HHS Secretary determines appropriate. In addition, the administrator must ensure that the facility does not admit any new residents on or after the date on which such written notification is submitted; and must include in the notice a plan for the transfer and adequate relocation of the residents of the facility by a specified date prior to closure that has been approved by the State. Such plan must include assurances that the residents will be transferred to the most appropriate facility or other setting in terms of quality, services, and location, taking into consideration the needs, choice, and best interests of each resident.

Failure to comply with the notice requirements will result in a civil monetary penalty of up to $100,000 and possible exclusion from participation in the Medicare and Medicaid programs.

The notification requirements are effective March 23, 2011.


Interim Final Rule

Interim final regulations published in the February 18, 2011 Federal Register implementing Section 6113 to ensure that, among other things, in the case of a LTC facility closure, administrators of a SNF or NF provide written notification of the impending closure and a plan for the relocation of residents at least 60 days prior to the impending closure.

Effective Date: March 23, 2011  

Comment Period: Comments may be submitted on or before April 19, 2011.