HHSC CMP Project Application Guidance
The Centers for Medicare & Medicaid Services imposes civil money penalties against Medicare- or Medicaid-certified nursing facilities found out of compliance with the federal requirements for long-term care facilities.
- Support and protect residents of a facility that closes or is decertified
- Support resident and family councils and other consumer involvement to ensure quality care
- Improve the facility through CMS-approved initiatives, such as culture change
States must obtain approval from CMS before using federally imposed CMP funds to pay for projects. Twice a year, HHSC evaluates proposals to use CMP funds by using criteria developed by CMS and published in CMS S&C 12-13-NH (PDF). A decision by HHSC not to forward a proposal to CMS is not subject to appeal.
For additional information, please visit the CMS Civil Money Penalty Reinvestment Program website.
To request CMP Reinvestment funds for a project, complete
- CMS Application for CMP Funds (MS Word), CMS Application Budget form (Excel), the Response to HHSC Supplement to the Application for Civil Monetary Penalty Funds (PDF), and Form AP-152, Application for Texas Identification Number (PDF).
Submit the completed application and documents to the CMP Application mailbox. All documents must be completed and submitted in order to process the application.
If you have any questions, email CMP Application.
Tips for Completing an Application
Incomplete applications will not be accepted.
- Answer each question completely. If the question has multiple components, please address each component.
- Provide specific details about what activities you plan to engage in; do not assume the reader will know what you plan to do.
- Ensure that your summary is an actual summary and not a complete project description.
- Include expected outcomes and how those outcomes will be measured.
- Include an explanation of how the project will directly benefit the nursing facility residents.
- If your project includes training, provide specific details as to how the facility or staff will incorporate training into daily practice and how that training will improve resident outcomes.
- Include a realistic timeline for activities.
- Include a line-item budget with the itemized costs of requested reimbursements in an Excel spreadsheet (i.e. cost of item, quantity being purchased, taxes, shipping, if applicable and the total cost). HHSC will not pay for items not listed in the itemized budget and the resultant CMP agreement.
- If you plan to purchase products, please include specific product information with your application sufficient to describe the item and to demonstrate that the item is available at the cost stated.
- Include a complete list of organizations. If you plan to use subcontractors, please identify those subcontractors.
- Identify the signature authority (and their title) for the CMP agreement.
- Include letters of support from facilities who have implemented the project.
- If the project has been completed in another state provide outcomes of the project
COVID-19 NF Related Projects
Texas nursing facility providers are encouraged to submit applications for available Civil Money Penalty funding to purchase tents and plexiglass barriers to allow residents the ability to have in-person visitation their loved ones during the COVID-19 crisis.
Providers that correctly complete an application and form AP-152 to Texas HHSC are eligible to receive up to $3,000 per facility to purchase. All forms must be submitted in order to be considered.
- Facilities may use up to a maximum of $3,000 for in-person visitation aids. No exceptions will be granted.
- Applications must only include requests that directly address the need to facilitate in-person visits for residents.
- Applicants must only include requests to purchase in-person visitation aids (i.e., tents for outdoor visitation and/or clear dividers (e.g., plexiglass or similar product)). The application should not include requests for items identified as prohibited (see list of prohibited expenses included in application template).
- Applications must ensure Life Safety Code (LSC) requirements found at 42 CFR 483.90 are met, unless waived under the public health emergency declaration.
- Applications must ensure appropriate infection prevention and control practices are in place. Surfaces must be cleaned and disinfected between resident uses. Review the EPA’s List N: Disinfectants for Use against SARS-CoV-2 to determine if the disinfectant identified in the manufacturer’s instructions meet EPA’s criteria.
Special Application Period for Communicative Devices in Nursing Facilities
Texas nursing facility providers are encouraged to submit applications for available Civil Money Penalty funding to purchase technology to help residents communicate with their loved ones during the COVID-19 crisis.
Providers that correctly complete an application to Texas HHSC are eligible to receive up to $3,000 per facility to purchase communicative technology devices (e.g. iPads, tablets, webcams) and accessories (e.g. headphones, protective covers). Exceptions by CMS may be made for large facilities based on the one device per seven-10 resident ratio.
Devices should be shared among residents, with a ratio of one device per seven-to-10 residents. Applications or requests for exceptions will be considered in certain circumstances, such as in a facility with a high number of residents.
Facilities will not be permitted to purchase personal devices for any resident. Devices also should not be shared between COVID-19 positive (or suspected) and other residents (COVID-19 negative or observation status). Additionally, devices must be cleaned and disinfected between every use by a resident.
Applications must be submitted using the COVID-19 communicative technology application template. Incomplete applications will not be accepted. Providers also must complete all portions of form AP-152.
Frequently Asked Questions
What information is important to include in my application?
Include a detailed budget sheet with explanations for each cost. If the proposal includes purchasing items such as machinery or furniture, include a specification sheet showing details of the item and bids. Cost estimates from vendors are very helpful.
You must also submit the Budget in MS Excel format, HHSC Supplement to the Application for CMP Funds (PDF), Form 4732 Nongovernmental Contractor Certification and Form AP-152 Application for Texas Identification Number with your application response.
What types of items will not be allowed in my cost estimate?
HHSC does not approve costs that involve renovation of infrastructure (e.g., rewiring electrical outlets, moving walls, resurfacing floors). The applicant needs to have a plan for paying for renovations, which may include donations, fund raising, etc.
It is important to include a detailed budget sheet (in an Excel spreadsheet) with explanations for each cost. If the proposal includes purchasing items such as machinery or furniture, include a specification sheet showing details of the item and bids. Cost estimates from vendors are very helpful.
Yes. Any conferences, with or without travel, necessary to accomplish the purpose of the grant must have prior CMS approval. These requests must be priced separately in the budget and include the following information:
- A description of their purpose
- The number of participants attending
- A detailed statement of the cost to the project
- The cost of any food or beverages
- The cost of audio-visual services for a conference
- The cost of employee or contractor travel to and from a conference; and
- A discussion of the methodology used to determine which costs relate to a conference
If the cost estimate includes travel, HHSC will reimburse using State of Texas travel rates.
To apply for funding for several locations, should each location be submitted as a separate application?
No. If the project will be the same at each location, the organization should submit one application and attach a list of all the locations included in the budget plan. One application is also acceptable if the projects will vary only slightly in detail from location to location.
If there is a significant variance in the project, the organization would need to submit separate applications for each location that has the significant variance.
If my CMP plan involves any construction, structural changes or electrical work to the facility, are there any additional actions that need to be completed?
Yes. If your project involves any type of construction (e.g., building a greenhouse, courtyard, awning, installing a kitchenette) you need to provide a plan and specifications to HHSC Life Safety Code staff for review before submitting your application. You must then provide their response with your application. Please also ensure that your application is specific and states how you will follow through with HHSC LSC staff if your proposal is approved by CMS.
If my organization has a project sponsor or any subcontractor that is not a health care provider already required to comply with HIPAA, and the project includes contact with nursing facility residents or their families, will any additional actions need to be taken?
Yes. You will be required to complete a Data Use Agreement (PDF) as prescribed by the Texas Health and Human Services Commission.
Each application received during the submission period is reviewed for completeness. Applicants with incomplete applications are given the opportunity to complete by a specific deadline. An application must be complete to be considered. Each application submitted will receive a "receipt by" date and all complete applications will receive a "complete" date. Projects are funded based on the receipt date and are subject to available funding, HHSC review and CMS approvals.
Depending upon the complexity of your proposal or the quality of your application, HHSC may request additional information. After the close of the application period, the HHSC-designated CMP panel will determine whether to forward your proposal to the HHSC commissioner for approval. The CMP panel evaluates proposals by applying the CMS criteria set forth in S&C 12-13-NH and 42 CFR 488.433. Applications approved by the HHSC commissioner will be forwarded to CMS for approval.
If your proposal is forwarded to CMS, CMS may request additional information. If CMS approves your proposal, HHSC will develop a CMP agreement that describes the terms, conditions, deliverables and time frames required for disbursement of CMP funds. Please be aware that HHSC does not disburse CMP funds before invoices and receipts are received.
An entity or facility should not incur any cost obligations for the CMP project until the HHSC commissioner or designee has signed the CMP agreement. Reimbursement will not be made until the CMP agreement has been fully executed.
Disclaimer: This guidance is not legal advice from HHSC, and applicants should consult their legal counsel as they deem appropriate.
No. All applications must be submitted via email before 11:59 p.m. of the deadline date. There are no exceptions.
HHSC may distribute funds to any entity provided that the funds are used for CMS-approved projects to protect or improve services for residents of Medicare- or Medicaid-certified nursing facilities and provided that the responsible receiving entity is:
- Qualified and capable of carrying out the intended project or use
- Not in a conflict-of-interest relationship with the entity or entities that will benefit from the intended project or use
- Not a recipient of a contract, grant or other payment from federal or state sources for the same project or use
- Not paid by a state or federal source to perform the same function as the CMP project or use
- A qualified nursing facility that has no Immediate Jeopardy, Substandard Quality of Care or Immediate Threat finding in the 6 months immediately prior to the beginning of the application period.
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 or use.
A facility that has pending CMPs may apply for CMP funds. The facility's application may be suspended until HHSC receives the final disposition of the pending CMP.
If an organization or corporation is applying for funding for several facilities and one or more facilities has a pending CMP, will the application for the organization be suspended?
No. The application for the organization will not be suspended. If the application is approved by the HHSC commissioner or designee and CMS, the applicant will be provided a letter stating that the funds may be used for all facilities except the facility with the pending CMP until HHSC receives the final disposition of the CMP.
HHSC encourages CMP funds be used for projects that directly benefit residents of Medicare- or Medicaid-certified nursing facilities, including activities to implement CMS initiatives such as the National Partnership to Improve Dementia Care in Nursing Homes. CMS has approved the use of CMP funds to finance projects such as:
- Culture change projects
- Resident or family councils
- Direct improvements to quality of care
- Consumer information
- Resident transition due to facility closure or downsizing
- Preparing residents for community placement
- Training for facility staff and surveyors
CMP funds may not be used to pay for:
- Projects for which a conflict of interest (or the appearance of a conflict) exists
- Functions for which an entity is already receiving funds from state or federal sources
- Capital improvements to a nursing home or to build a nursing home
- Nursing home services or supplies that are the responsibility of nursing homes, such as laundry, linen, food, heat, staffing costs, etc.
- Recruitment or certification training for Long Term Care Ombudsman staff or volunteers or to investigate and resolve complaints
- Activities that have already occurred
- Research Studies
- Activities that benefit individuals who are not residents of a Medicare or Medicaid certified facility
No. HHSC does not disburse CMP funds before project completion. Organizations will need to submit invoices and receipts for completed projects in order to be reimbursed for expenses incurred pertaining to the project. Reimbursement will be made approximately 30 days after processing the invoice.
What happens if there is a facility name change or change of ownership?
A revised application, Form 4732 and Form AP-152 will need to be submitted. This information will be forwarded to CMS for review and approval. All invoices will need to reflect the correct name and Tax Identification Number (TIN). Any changes to the application or supplemental documents may cause a delay in the review and approval process.
Can CMP funds be used for Nurse Aide Training?
No. Applications cannot include CMP funding for nurse aide training and related expenses. Per 42CFR §433.15 and §483.158, Medicaid pays for Nurse Aide Training and Competency Program (NATCEP) with a 50/50 federal/state match.
Approved Projects for Civil Money Penalties
|Entity Awarded CMP Funds||Project Description||Amt Approved by CMS|
|Dewitt Medical District dba Sonterra Health Center||Rhythmic Abilities - Making Music with the Dementia Population||$10,253.16|
|Long Term Care Consultants, LLC||SNFClinic||$738,750,00|
|TMF Health Quality Institute||Improving Resident-Focused Assessment and Monitoring||
|TMF Health Quality Institute||Next Steps in Dementia Care||$909,501.31|
|Office of the State Long-Term Care Ombudsman||Discharge Rights Flyer||$12,158.71|
|Rekovo LLC||Rekovo for Improved Balance Function||$132,152.70|
|Creative Solutions in Healthcare, Inc||Creative Solutions in Healthcare/SNFClinic||$706,700.00|
|Retirement and Nursing Center||Austin Memory Care at Retirement and Nursing Center||$67,572.31|
|The Methodist Hospital-Skilled Nursing facility||Preventing Patient Falls: Incorporating Tai Chi into the Patient’s Plan Of Care to Improve Balance, Strength, and Flexibility||$17,940.00|
|Morningside Ministries||Senior Connect||$84,186.00|
|Shinnery Oaks Community||Honoring the Past Initiative||$59,137.00|
|Pomerado Ranch Healthcare, Inc. dba Golden Acres Living and Rehabilitation Center||A Sense of Renewal||$19,633.00|
|Forney Lake Healthcare, Inc. dba Rowlett Health and Rehabilitation Center||A Sense of Peace||
|Capstone Healthcare Estates at Veterans Memorial (Formerly Grace VM Holdings Group LP DBA Grace Care Center at Veterans Memorial)||Enrichment for All||$126,602.94|
|Legend Oaks HealthCare and Rehabilitation of Kyle||Preserving Dignity through Innovative Technologies||$49,166.68|
|Wisteria Place Living||Implementation of Its Never Too Late: iN2L||$84,107.11|
|Vohra Post-Acute Care Physicians of Texas, PLLC||Texas Wound Care Excellence Program for Skilled Nursing Facilities ("The Program")||$223,152.00|
|Whispering Oaks Rehab and Nursing||Paro the Robotic Therapeutic Seal||$7,290.00|
|White Settlement Nursing Center||Paro the Robotic Therapeutic Seal||$7,290.00|
|Tomball Rehab and Nursing||Paro the Robotic Therapeutic Seal||$7,290.00|
|Renaissance at Kessler Park||NeuroGym Bungee Mobility Trainer and Sit-to-Stand Trainer||$15,350.00|
|Brady West Rehab and Nursing||NeuroGym Bungee Mobility Trainer and Sit-to-Stand Trainer||$15,350.00|
|McAllen Nursing Center||NeuroGym Bungee Mobility Trainer and Sit-to-Stand Trainer||$15,350.00|
|LeadingAge Texas||2020 Clinical Excellence Scholarship: Accessible Education for Texas Nursing Facilities’ Direct Care Staff||$46,880.00|
|Advanced Health and Rehab Center of Garland||Paro the Robotic Therapeutic Seal||$7,290.00|
|Advanced Rehab and Healthcare of Live Oak||Paro the Robotic Therapeutic Seal||$7,290.00|
|Craft DUO||Crafting with Friends 2.0 – Leather Craft Workshops||$236,194.58|
|Lifetime Wellness, LTD||Life Works Wellness - Enhancing Activity Programs with a Whole-Person Wellness Approach||$229,402.87|
|University of Texas Health - San Antonio||Mobile Dentistry - Direct Patient Care and Facility Education||$5,719,442.00|
|Eastland Memorial Hospital (18 month project in 3 facilities)||Reducing Readmission Interactive Technology||$413,844.00|
|SB Lockney Healthcare Management dba SkyBlue Healthcare||Care My Way - IN2L||$88,356.19|
|Craft DUO||Implement leather craft workshop in 8 nursing home||$155,614.60|
|Riverwalk Healthcare, INC dba Legend Oaks Nursing & Rehabilitation - New Braunfels||Memories Light The Pathway Home - Memory/Shadow Boxes for long-term care residents to decrease falls, agitation, negative behavior and number of residents exhibiting way-finding deficits||$33,778.00|
|West Janisch Health Care Center||IN2L Technology - Engagement through use of computer applications||$81,000.00|