Office of Health Care Assurance

** A new COVID-19 Grant opportunity is available.  See below. **

Civil Monetary Penalty (CMP) Grant Program

About CMP Funds

The U.S. Centers for Medicare & Medicaid Services (CMS) may impose federal monetary penalties against a Medicare-certified nursing home when it is not in compliance with Medicare and Medicaid participation requirements.

CMS returns a portion of the funds to the states where the CMPs are imposed.  These funds are reinvested via a grant process to support activities that benefit nursing home residents by improving their quality of life.

The following are broad examples of uses of CMP funds that may be approved for use by Medicare-certified nursing homes:

• Facility improvement initiatives approved by CMS, such as technical assistance for facilities implementing quality assurance and performance improvement programs, facility staff and surveyors training;
• Projects that support resident and family councils and other consumer involvement in assuring quality care in skilled nursing facilities (SNFs);
• Assistance to support and protect residents of a facility that closes or is decertified;
• Time-limited expenses incurred while relocating Medicare or Medicaid residents to home and community-based settings or to another facility when a facility is closed or downsized pursuant to an agreement with the state Medicaid agency.

For general information on the federal CMP program, allowable and non-allowable uses of CMP funds, and examples of funded projects, see the CMS webpages at:

• CMS Federal Grant Opportunity; and
• Civil Money Penalty Reinvestment Program.

Hawaii’s Approved CMP Reinvestment Plan

Reinvestment Plan

CMP Reinvestment Grant Opportunities

The CMP grant funding for Medicare-certified nursing homes is available for the following projects:

• Reinvestment Projects:  Funding for a variety of projects for nursing homes to benefit residents. Projects can span a wide array of topics and involve improving the quality of life for residents.
• COVID-19 In-Person Visitation:  Funded tents and clear dividers for nursing homes to facilitate in-person visits outdoors.  This grant funding program is no longer available.
• COVID-19 Communicative Technology:  Funded tablet and tablet-related accessories for nursing home residents. This program enabled residents to have virtual telehealth and family visits.  This grant funding program is no longer available.
• COVID-19 In-Person Visitation Air Quality:  This is a new grant opportunity; see below.

How to Apply for CMP Grant Funding

Consistent with Hawaii’s Approved CMP Reinvestment Plan, specific projects for funding will be identified and recommended in 2022.  Check back here for what those projects include and how to apply for grant funding.

** New COVID-19 Grant Opportunity **

COVID-19 In-Person Visitation – Air Quality Funding

CMS updated the In-Person Visitation application on February 8, 2022, to include a distinct funding allotment of up to $3,000 for each Medicare-certified nursing home for portable fans and portable room air cleaners with high-efficiency particulate air (HEPA, H-13 or 14) filters.  The application template allows Medicare-certified Skilled Nursing Facilities/Nursing Facilities to request CMP funds to allow nursing homes to purchase air quality resources in response to the ongoing COVID-19 pandemic.

How to Apply for COVID-19 In-Person Visitation – Air Quality Funding

Applicants for COVID-19 in-person visitation air quality funds are required to use the provided template and submit the applications to the Hawaii Department of Health, Office of Health Care Assurance (OHCA) at [email protected].  OHCA will not approve applications using alternative forms.  Applicants may be individual Medicare-certified nursing homes or a parent company for all their Medicare-certified nursing homes located in Hawaii.  Parent companies must list in their application all the individual nursing homes who will purchase the allowed equipment.

• Civil Money Penalty (CMP) Reinvestment Application

Submit applications to [email protected].

Applicants cannot use the standard CMP Reinvestment application process to supplement their visitation aid request to obtain additional air quality funding in excess of the $3,000 maximum limit.  Use the above CMS application template.

The funding for HEPA filters is distinct.  If facilities did not use the total $3,000 allotment of the available funds for In-Person Visitation Aids (plexiglass dividers and tents), the remaining funding does not combine with the Air Quality grant funding ($3,000) for a higher allotment of funding.

Per CMS’ guidance, if facilities purchased approved air quality products on or after February 2, 2022, facilities may file an application for reimbursement.  If facilities have not purchased approved items yet, facilities may also submit an application and apply for funding.  Facilities may also include the cost of shipping and taxes in their application requests.  Replacement HEPA filters is considered a non-allowable expense.

Frequently Asked Questions (FAQ): CMP Application for In-Person Visitation Aid Requests FAQ

How to Receive Reimbursement for COVID-19 In-Person Visitation – Air Quality:

Reimbursement shall be made to individual Medicare-certified nursing homes or the parent company, whoever is the applicant for the grant.  The applicant who is approved for COVID-19 In-Person Visitation-Air Quality grant must provide the following documents to receive reimbursement for the purchase of portable fans and portable room air cleaners.  These documents shall be submitted to OHCA within ten (10) business days after the items have been delivered to the nursing home:

1. Form W-9
2. Hawaii Vendor Compliance: If the total grant award is $2,500 or greater, the applicant shall register with Hawaii Compliance Express at https://vendors.ehawaii.gov/hce/ and provide Certificate of Vendor compliance (CVC) as proof of compliance.  The applicant’s name on CVC must match exactly the name on the Form W-9
3. Invoice on Medicare-certified Nursing Home Applicant Letterhead: The name on the letterhead must match exactly the name on the CVC.  The invoice submitted to OHCA must not exceed the quantity and cost of each item approved and must not exceed the total amount of funding approved.  For example, if a nursing home applied for three portable fans, the facility cannot invoice for four portable fans.  Invoices cannot exceed actual spending as reflected by a facility’s receipt(s).
4. Receipt as Proof of Purchase: A copy of the receipt shall include the make and model of the equipment purchased, cost per item, and number of items purchased that matches the invoice.  If the nursing home returns and exchanges an item, the newly obtained item shall be similar in make, model, and price as the original item.  Submit receipts at the time of invoicing, not at the time of grant application.  Provide delivery receipt that shows the item(s) have been delivered to the facility’s address.