Life Safety Citation Update – K161/FSES (SNF)

AHCA reports that the Centers for Medicare & Medicaid Services (CMS) has communicated with its regional offices and select state survey agencies that it is pursuing a policy change to address the ongoing K161 Building Construction Type and Height/Fire Safety Evaluation System (FSES) issue. The change should benefit providers who have been cited for a K161 construction related issue, cannot pass the 2013 edition of 101A (FSES), but can pass the same FSES using the mandatory values from the 2001 edition of 101A (FSES). 

CMS already permits the use of the 2001 mandatory values for providers who had an approved passing FSES prior to July 2016. This upcoming policy change would permit the use of the 2001 mandatory values for organizations cited for K161 after July 2016. While formal proposed policy changes have not been released yet, it does appear that CMS is open to permitting the use of the 2001 mandatory values in a 2013 FSES to offset a K161 tag – assuming the FSES indicates a passing score. At this time, situations are being reviewed and addressed on an individual basis. If formal policy changes occur or more information becomes available, we will keep you apprised.