Long-Term Care Facility Infection Control Enforcement: Increased Government Scrutiny and Penalties

Ensuring Compliance, Preparing for State Surveys and CMS Enforcement Actions

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Thursday, September 17, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide healthcare counsel on the Centers for Medicare and Medicaid Services' (CMS) enhanced infection control enforcement actions. The panel will examine CMS' new instructions for state agencies conducting surveys and what that means for nursing homes and skilled nursing facilities (collectively, SNFs). The panel will also address reporting requirements for SNFs and will offer best practices for what SNFs should do to comply with CMS requirements and prepare for enforcement actions.


Nursing homes are operating under intense regulatory scrutiny and face an increased risk of government enforcement actions because of the virus' effect on residents. The CMS believe infection control is an ongoing compliance concern for long-term care facilities. In June 2020, CMS announced its enhanced enforcement efforts against nursing homes and skilled nursing facilities (collectively, SNFs) related to their infection control practices. CMS also provided additional directives to state agencies conducting surveys regarding COVID-19 reporting and infection control.

Further, CMS also announced the imposition of increased penalties on SNFs determined to be non-compliant with the infection control requirements. States must also perform these surveys now and going forward. The results of infection control evaluations will be reported publicly.

SNFs should implement best practices for infection control to ensure compliance and be prepared for heightened government scrutiny and be ready to respond to state surveys and enforcement actions.

Listen as our authoritative panel of healthcare attorneys discusses the CMS' new instructions for state agencies conducting surveys and what that means for SNFs, reporting requirements for SNFs, the enhanced enforcement actions, and what SNFs should do to comply with CMS requirements and prepare for enforcement actions.



  1. CMS survey instructions
  2. Reporting requirements for SNFs
  3. Enforcement actions
  4. Compliance and preparation for enhanced enforcement


The panel will review these and other important matters:

  • What do CMS' plans to expand its enforcement efforts regarding infection control deficiencies mean for SNFs?
  • What best practices should SNFs have in place to ensure compliance with CMS requirements?
  • What steps should SNFs and their counsel take to prepare for enforcement actions?


Brian McGovern

Crowell & Moring

Mr. McGovern provides legal counsel and representation to health care and nonprofit clients. His experience spans the...  |  Read More

Reizen, Myla
Myla R. Reizen

K&L Gates

Ms. Reizen is a member of the firm’s global health care and FDA practice group. She concentrates her practice in...  |  Read More

Tarosky, Adam
Adam R. Tarosky

Nixon Peabody

Mr. Tarosky counsels providers of healthcare products and services, defense contractors, and financial institutions...  |  Read More

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