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CMS Issues Final Rule and Brings Solution to Fire Safety Evaluation System (FSES) Problem

After many years of advocacy, reviews by CMS, and multiple limited waiver extensions, CMS issued a final rule in July 2022 that addresses the problem. It allows the Fire Safety Evaluation System (FSES) to be a realistic tool once again for long term care facilities that had utilized it in the past.

The CMS final rule essentially permits nursing homes that were Medicare or Medicaid certified before July 5, 2016, and previously utilized an FSES as a mechanism to determine equivalency, to utilize the mandatory values found in the 2001 edition of NFPA 101A. The more restrictive mandatory values found in the 2013 edition of NFPA 101A will not apply. This is important since the 2013 edition of the NFPA 101A is the edition currently adopted by CMS. The full text can be found starting on page 298 of the final rule.

https://www.ahcancal.org/News-and-Communications/Blog/Pages/CMS-Issues-Final-Rule-and-Brings-Solution-to-FSES-Problem.aspx?cm_ven=ExactTarget&cm_cat=CC+8-3-22&cm_pla=Marks+Memos+2022+List&cm_ite=CMS+Issues+Final+Rule+and+Brings+Solution+to+FSES+Problem+%26nbsp;&cm_lm=1464488479&cm_ainfo=#.YurYXjn03es.mailto

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15