Issued by the U.S. Department of Health and Human Services (HHS)on February 18, 2011,this regulation implements section 6113 of the Patient Protection and Affordable Care Act (PPACA). The interim final rule amends existing legislation by introducing new notice requirements associated with long-term care (LTC) facility and skilled nursing facility (SNF) closures. Its purpose is twofold: to protect resident health and safety, and to facilitate a “smooth transition” in the event of a facility’s closure.

New requirements under this regulation include:

  • who the administrator of a facility must notify about a closure;
  • what minimum content is required in the written notice of closure, such as a detailed closure plan outlining how the facility will transfer residents; and
  • when an administrator must provide written notification, which depends on whether the secretary of HHS terminates the facility’s participation in the Medicare or Medicaid program, or whether the facility is closing for another reason.

The regulation also extends liability to facility administrators. For example, an administrator may be subject to a civil monetary penalty of up to $100,000 if he or she fails to comply with its requirements. This regulation is effective on March 23, 2011.