42 CFR §488.1135

1. (a)Applicability.
   1. (1)The provisions of this section are effective on or after January 1, 2024. ; and
   2. (2)SFP selection begins in CY 2024.
2. (b)Selection criteria.
   1. (1)Selection of hospices for the SFP is made based on the highest aggregate scores based on the algorithm used by CMS.
   2. (2)Hospice programs with accrediting organization deemed status placed in the SFP—
      1. (i)Do not retain deemed status; and
      2. (ii)Are placed under CMS or State survey agency jurisdiction until completion of the SFP or termination.
3. (c)Survey and enforcement criteria. A hospice in the SFP—
   1. (1)Is surveyed not less than once every 6 months by CMS or the State agency; and
   2. (2)With condition level deficiencies on any survey is subject to standard enforcement actions and may be subject to progressive enforcement remedies at the discretion of CMS.
4. (d)Completion criteria. A hospice in the SFP that has two SFP surveys within 18 months with no condition-level deficiencies, and that has no pending complaint survey triaged at an immediate jeopardy or condition level, or that has returned to substantial compliance with all requirements may complete the SFP.
5. (e)Termination criteria.
   1. (1)A hospice in the SFP that does not meet the SFP completion requirements in paragraph (d) of this section is considered for termination from the Medicare program in accordance with 42 CFR 489.53.
   2. (2)CMS may consider termination from the Medicare program in accordance with § 488.1225 if any survey results in an immediate jeopardy citation while the hospice is in the SFP.
6. (f)Public reporting. CMS posts all of the following at least annually on a CMS public-facing website:
   1. (1)A subset of 10 percent of hospice programs based on the highest aggregate scores as determined by the algorithm used by CMS.
   2. (2)Hospice SFP selection from the list in paragraph (f)(1) of this section as determined by CMS.
   3. (3)SFP status as defined in § 488.1105.