Civil Money Penalty Fund Program
The OSDH Civil Money Penalty Fund Program (CMP Fund Program) is intended to measurably improve care to benefit residents and patients in nursing homes, which include facilities certified for operation by the Centers for Medicare & Medicaid Services (CMS) defined as skilled nursing facilities (SNF), nursing facilities (NF), and dually-certified skilled/nursing facilities (SNF/NF). The enabling legislation appropriates the monies of the CMP Fund for the protection of the health or property of residents of nursing facilities in compliance with federal guidance (42 CFR §488.433).
- Protect the health and property of nursing home residents.
- Promote evidence-based practice.
- Improve the quality of care.
- Empower staff through the adoption and implementation of culture change principles and practices.
Eligible entities include nursing homes and/or various organizations that are knowledgeable, skilled, and capable of meeting the project’s purpose within their area of expertise, provided that the organization and project are consistent with federal law and policy. Examples of CMS-approved projects for training to improve quality of care and activities to enhance quality of life:
- Alzheimer’s Disease
- Wound Care
- Patient Safety
- Trauma Centered Care
- Pain Management
- Cultural Sensitivity
- Cultural Change
- Person-Centered Care
- Safe Medication Management
- Oral Health
- Non-Pharmaceutical Solutions
- Falls Education
- Horticulture / Gardening
- Music Therapy
- Animal Therapy, including Robotic Pets
- Reading and Memory interventions
- Crafting
- Activities and games that foster movement and function:
This may include activities (e.g., Tai Chi), group games, (e.g., bingo, with movement components), or technological- assisted games (e.g., Nintendo WII movement games).
Note: CMS will not fund complex, high-cost technology, such as virtual reality, artificial intelligence, or simulation projects.
Applications must be submitted to the respective state for preliminary approval; upon review, states may submit select proposals for CMS approval. Effective January 1, 2012, CMS requires prior CMS approval for any new project, grantee, or use of federally imposed CMP funds. If you have any questions, please contact us at CMP@health.ok.gov.
Application Process
- Prior to submitting your application, please review the CMS guidelines and list of allowable projects through CMP.
- Complete the application.
- Submit the completed application to the Oklahoma State Department of Health (the state agency referenced by CMS) for review.
- If approved by OSDH, a request will be sent to CMS for final approval.
- If additional documentation is required, OSDH will respond on behalf of CMS for up to two submissions for each application or with a maximum of two submissions.
- Annual CMP Reinvestment Application:
This application is an option for facilities to apply for project funding using their CCN number. The first step in this process is to complete the Facility Questionnaire. CMS requires each applicant to submit this application request to the State Agency (SA) for initial review. Each applicant may be allowed two (2) submission attempts. After the second attempt, the application will be denied. For additional CMP information from the Centers for Medicare and Medicaid Services (CMS) please visit the following link: CMS.gov.- **THE MAXIMUM AMOUNT OF CMP FUNDING PER YEAR IS BASED ON THE APPROVED LICENSURE BED COUNT.
- Qualtrics National Disaster Fund Reimbursement Application:
This application is a request for reimbursement and must go through a review process. No submission is automatically approved. This reimbursement fund is designated for patient relocation due to a natural disaster and/or facility closures (voluntary or involuntary) in the state of Oklahoma. - 360 Supplier Portal:
The Oklahoma Supplier Portal is the new online portal designed to assist suppliers, bidders, and payees with self-registration and self-management of organizational and personal information. Register as a payee if you or your organization are receiving payments from the state. Select the Oklahoma Supplier Portal link above to register or log in. If you were previously registered as a supplier in the old system, please visit here to request your user ID.
Program History
The CMP Fund was created by the United States Social Security Act of 1987 from penalty monies collected from nursing homes. The purpose of the fund is to provide funding for projects designed to reduce deficient practices of certified nursing facilities. The Centers for Medicare & Medicaid Services (CMS) retains a portion of the monies and redistributes the rest to the states.
Oklahoma created a designated fund in 2013 to hold and appropriate the redistributed monies in accordance with CMS guidance “for the protection of the health or property of residents of nursing facilities” (O.S. 63 §63-1-107.4). To protect the health of nursing home residents is to improve the quality of care, which includes clinical and organizational aspects. Please reference the funding domains and focus areas to learn more about the program’s targeted approach to quality improvement.
In 2013 the Oklahoma legislature passed legislation establishing a state fund to receive CMP funds and designate the OSDH to administer the fund in compliance with the federal guidance outlined in 42CFR §488.433. The fund has been administered by the OSDH Quality Assurance & Regulatory Services since the fund’s inception. Oklahoma Statute 63, §63-1-107.4 established a revolving fund designated the "Oklahoma Department of Health Civil Monetary Penalty Revolving Fund" to receive monetary collections under 42 U.S.C. § 1396r.
§63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty Revolving Fund
A. There is hereby created in the State Treasury a fund for the State Department of Health to be designated the "Oklahoma State Department of Health Civil Monetary Penalty Revolving Fund." The fund shall be a continuing fund, not subject to fiscal year limitations. It shall consist of monies received by the State Department of Health which emanate from fines and assessments against Oklahoma nursing homes and other long-term and non-long-term care facilities found to be noncompliant with federal conditions of participation.
B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Department of Health at the discretion of the Commissioner of Health for the protection of the health or property of residents in nursing facilities.
C. All expenditures shall be in compliance with requirements of the Centers for Medicare & Medicaid Services. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. The Commissioner of Health may request the Director of the Office of Management and Enterprise Services to transfer monies between the Oklahoma State Department of Health Civil Monetary Penalty Revolving Fund and any other fund of the department, as needed for the proper expenditure of funds.
Added by Laws 2013, c. 258, § 1, eff. Nov. 1, 2013.
The OSDH is also the designated CMS State Survey Agency for Health Facility Certification, but the program is organizationally separated from enforcement functions to purposefully support improvements in nursing homes rather than support or negate any enforcement function. Any Nursing Home in the State of Oklahoma has access to the Nursing Home Provider calls with the Long-Term Care Services.
Garrett Forsythe CPO
CMP Coordinator
Quality Assurance & Regulatory Services
Oklahoma State Department of Health
123 Robert S. Kerr Avenue
Oklahoma City, OK 73102
Email: Garrett.Forsythe@health.ok.gov
Phone: (405) 570-8174
Contact Information
Mailing Address:
Oklahoma State Department of Health
Civil Money Penalty Fund Program
123 Robert S. Kerr Ave. Suite 1702
Oklahoma City, OK 73102-6406
Physical Address:
Oklahoma State Department of Health
123 Robert S. Kerr Ave.
Oklahoma City, OK
Tel: (405) 426-8165
Fax: (405) 900-7559
Email: CMP@health.ok.gov
