Civil Money Penalty (CMP) Reinvestment Application accepts application for new project during the following application periods (excludes Communicative Technology):
January 1 – February 28
July 1 – August 31
HHSC is no longer accepting applications for Communicative Technology.
CMP is a cost reimbursement program. HHSC does not disburse CMP funds prior to contract execution. Any purchases made prior to contract execution are not allowed and will not be reimbursed.
Application Packet for regular CMP Projects
Failure to submit all completed forms is considered an incomplete packet and will be denied.
- CMS CMP Application Packet (ZIP) – Use the templates provided by CMS.
- HHSC Supplement to the Application for CMP Funds (PDF) – This document provides us with information needed to establish a contract with the awardee.
- Form AP-152, Application for Texas Identification Number – This document ensures we have your most current information for payment in the event you receive an award.
- Letters of support/commitment from all participating certified Texas nursing facilities. This is a CMS requirement, failure to do so will result in a withdrawal of the application.
Submit completed application packets to: CMP Application mailbox.
Applications for Nursing Home In-Person Visitation Aids Requests Reopened
A facility may request the use of Civil Money Penalty (CMP) Reinvestment funds to purchase portable fans and portable room air cleaners with high-efficiency particulate air (HEPA, H-13 or -14) filters to increase or improve air quality. A maximum amount of $3,000 per facility including shipping costs may be requested. When utilizing these items for visitation purposes, facilities need to ensure appropriate life safety code requirements found at 42 CFR 483.90 are met, unless waived under the PHE declaration. Applicants must:
- Complete the Civil Money Penalty (CMP) Reinvestment Application Coronavirus Disease 2019 (COVID-19) In-Person Visitation Aids Request
- Form AP-152, Application for Texas Identification Number
- Submit completed application packet to the CMP Mailbox.
Only certified nursing facilities are eligible to apply for funds. A facility cannot be reimbursed for any expenses or purchases prior to the execution of a contract with HHSC.
HHSC CMP Project Application Guidance
Sections 1819 and 1919 of the Social Security Act allow CMP funds to be used for projects and activities that benefit residents, including
- Culture change projects
- Resident or family councils
- Direct improvements to quality of care
- Consumer information
- Resident transition due to facility closure or downsizing
- Preparing residents for community placement
- Training for facility staff and surveyors
Project applicant should review the CMS FAQs included in the packet to ensure the application meets CMS requirements.
CMP funds may not be used for uses prohibited by law, regulation, or CMS policy. These include but are not limited to:
- Projects previously denied by CMS
- Survey and certification operations or State expenses not previously mentioned above
- Capital expenses of a facility
- HHSC does not approve costs that involve renovation of infrastructure (e.g., rewiring electrical outlets, moving walls, or resurfacing floors)
- Nursing home services or supplies that are the responsibility of the nursing facility
- Funding projects, items or services that are not directly related to improving the quality of life and care of nursing home residents
- Projects for which a conflict of interest or the appearance of a conflict of interest exists
- Long term projects (greater than 3 years)
- Temporary manager salaries (exceptions may apply)
- Supplementary funding of federally required services
- Research Projects
States must obtain approval from CMS before using federally imposed CMP funds to pay for projects. Twice a year, HHSC evaluates proposals to use CMP funds by using criteria developed by CMS and published in CMS S&C 12-13-NH (PDF). A decision by HHSC not to forward a proposal to CMS is not subject to appeal.
As previously stated, CMP is a cost reimbursement program, purchases made prior to contract execution are not allowed and will not be reimbursed. Organizations must submit invoices and receipts for completed projects to be reimbursed for expenses incurred pertaining to the project. Reimbursement will be made approximately 30 days after processing the invoice.
For additional information, please visit the CMS Civil Money Penalty Reinvestment Program website.
If you have any questions, please email the CMP team prior to submitting your application: CmpApplication@hhsc.state.tx.us.
Tips for Completing an Application
Incomplete application packets will not be accepted.
- Answer each question completely, address each component of each question.
- Provide specific details about the activities you plan to engage in; do not assume the reader will know what you plan to do.
- Ensure that your summary is an actual summary of the project.
- Goals and outcomes should be measurable. For example, XX number of facilities will implement project X, XX percent of residents will see a decrease in ... Project applicants should review the CMP Reinvestment Application Tips for Writing Realistic, Actionable Goals and Objectives included in the package to ensure the applications meets CMS requirements.
- Describe how the project will directly benefit the nursing facility residents.
- If your project includes training, provide specific details about how the facility or staff will incorporate training into daily practice and how that training will improve resident outcomes.
- Include a realistic timeline for activities. Time frame should not be date oriented. For example, within 30 days of contract execution the facility will purchase all supplies; within 60 days each facility will begin holding session with residents.
- Include a line-item budget with the itemized costs of requested reimbursements in the CMS Application Budget form, HHSC will not pay for items not listed in the itemized budget.
- Include a complete list of contractors and subcontractors you plan to use.
- Identify the signature authority (their title and email address) for the CMP agreement.
- Include letters of support from all facilities who will participate in the project.
- If the project has been completed in another state provide outcomes of the project and letters of support/attestation from the state regarding the completed project.
Frequently Asked Questions
What information is important to include in my application?
Include a detailed budget sheet with explanations for each cost. If the proposal includes purchasing items such as machinery or furniture, include a specification sheet showing details of the item and bids. Cost estimates from vendors are very helpful.
You must also submit the Budget in MS Excel format, HHSC Supplement to the Application for CMP Funds (PDF), and Form AP-152 Application for Texas Identification Number, and letters of support/commitment from all participating facilities with your application.
What Happens After I Submit My Application?
Each application received during the submission period is reviewed for completeness. An application must be complete to be considered. Each application submitted will receive a "receipt by" date and all complete applications will receive a "complete" date. Projects are funded based on the receipt date and are subject to available funding, HHSC review and CMS approvals.
Depending upon the complexity of your proposal or the quality of your application, HHSC may request additional information. After the close of the application period, the HHSC CMP panel will determine whether to approve or deny the proposal. The CMP panel evaluates proposals by applying the CMS criteria set forth in S&C 12-13-NH and 42 CFR 488.433. Approved applications will be forwarded to CMS for approval.
If your proposal is forwarded to CMS, CMS may request additional information. If CMS approves your proposal, HHSC will enter into a contract that describes the terms, conditions, deliverables and time frames required for disbursement of CMP funds. Please be aware that HHSC does not disburse CMP funds before invoices and receipts are received.
If my application/project proposal is denied, can I reapply during the next application period?
If you receive a denial from HHSC you may re-submit your project proposal during the next application period. However, if your project proposal is denied by CMS it may not be submitted for reconsideration.
Can CMP funds be used for the cost of travel and per diem for meals?
Yes. Any conferences, with or without travel, necessary to accomplish the purpose of the grant must have prior CMS approval. These requests must be priced separately in the budget and include the following information:
- A description of their purpose
- The number of participants attending
- A detailed statement of the cost to the project
- The cost of any food or beverages
- The cost of audio-visual services for a conference
- The cost of employee or contractor travel to and from a conference; and
- A discussion of the methodology used to determine which costs relate to a conference
If the cost estimate includes travel, HHSC will reimburse using State of Texas travel rates.
To apply for funding for several locations, should each location be submitted as a separate application?
No. If the project will be the same at each location, the organization should submit one application and attach a list of all the locations included in the budget plan. One application is also acceptable if the projects will vary only slightly in detail from location to location.
If there is a significant variance in the project, the organization would need to submit separate applications for each location that has the significant variance.
If my CMP plan involves any construction, structural changes or electrical work to the facility, are there any additional actions that need to be completed?
Any project that requires construction, structural changes or electrical work to a facility is considered a capital project. Capital projects are prohibited.
If my organization has a project sponsor or any subcontractor that is not a health care provider already required to comply with HIPAA, and the project includes contact with nursing facility residents or their families, will any additional actions need to be taken?
Yes. You will be required to complete a Data Use Agreement (PDF) as prescribed by the Texas Health and Human Services Commission.
When can an entity or facility begin purchasing goods for their project?
An entity or facility should not incur any cost obligations for the CMP project until the HHSC commissioner or designee has signed the CMP agreement. Reimbursement will not be made until the CMP agreement has been fully executed.
Disclaimer: This guidance is not legal advice from HHSC, and applicants should consult their legal counsel as they deem appropriate.
Is there a grace period for submitting applications after the deadline?
No. All applications must be submitted via email before 11:59 p.m. of the deadline date. There are no exceptions.
Who may apply for CMP funds?
HHSC may distribute funds to any entity provided that the funds are used for CMS-approved projects to protect or improve services for residents of Medicare- or Medicaid-certified nursing facilities and provided that the responsible receiving entity is:
- Qualified and capable of carrying out the intended project or use
- Not in a conflict-of-interest relationship with the entity or entities that will benefit from the intended project or use
- Not a recipient of a contract, grant or other payment from federal or state sources for the same project or use
- Not paid by a state or federal source to perform the same function as the CMP project or use
- A qualified nursing facility that has no Immediate Jeopardy, Substandard Quality of Care or Immediate Threat finding in the 6 months immediately prior to the beginning of the application period.
CMP funds may not be used to enlarge or enhance an existing appropriation or statutory purpose that is substantially the same as the intended project or use.
Can a facility apply for CMP funds if it has a pending CMP?
A facility that has pending CMPs may apply for CMP funds. The facility's application may be suspended until HHSC receives the final disposition of the pending CMP.
If an organization or corporation is applying for funding for several facilities and one or more facilities has a pending CMP, will the application for the organization be suspended?
No. The application for the organization will not be suspended. If the application is approved by the HHSC commissioner or designee and CMS, the applicant will be provided a letter stating that the funds may be used for all facilities except the facility with the pending CMP until HHSC receives the final disposition of the CMP.
What happens if there is a facility name change or change of ownership?
A revised application, Form 4732 and Form AP-152 will need to be submitted. This information will be forwarded to CMS for review and approval. All invoices will need to reflect the correct name and Tax Identification Number (TIN). Any changes to the application or supplemental documents may cause a delay in the review and approval process.
Can CMP funds be used for Nurse Aide Training?
No. Applications cannot include CMP funding for nurse aide training and related expenses. Per 42CFR §433.15 and §483.158, Medicaid pays for Nurse Aide Training and Competency Program (NATCEP) with a 50/50 federal/state match.
Approved Projects for Civil Money Penalties
|Project Title||Amount Approved for the Plan Year||Start and End Dates||Recipient of Funds|
|SNF Clinic||$467,600.00||7/01/2020 - 6/30/2023||Long Term Care Consultants, LLC|
|Rekovo for Improved Balance Function||$95,725.37||9/15/2020 - 9/14/2023||Rekovo LLC|
|Austin Memory Care at Retirement and Nursing Center||$67,572.31||11/01/2020 - 10/31/2023||Retirement and Nursing Center Austin|
|Senior Connect||$27,376.00||10/15/2020 - 10/14/2023||Morningside Ministries|
|Honoring the Past Initiative||$59,137.00||11/01/2020 - 10/31/2023||Shinnery Oaks Community|
|Enrichment for All||$38,541.68||10/15/2020 - 10/14/2023||Capstone Healthcare Estates at Veterans Memorial (Formerly Grace VM Holdings Group LP DBA Grace Care Center at Veterans Memorial)|
|Keller Oaks-Implementation of Its Never Too Late Technology||$91,789.09||12/01/2021 - 11/30/2024||Keller Oaks Healthcare Center|
|Preserving Dignity through Innovative Technologies||$49,166.68||11/01/2020 - 10/31/2023||Legend Oaks HealthCare and Rehabilitation of Kyle|
|Wisteria Place -Implementation of Its Never Too Late: iN2L||$84,107.11||11/01/2020 - 10/31/2023||Wisteria Place Living|
|IN2L (It's Never Too Late) Technology||$1,361,398.18||2/15/2022 - 2/14/2025||SLP Operations LLC|
|Chair Tai Chi for Skilled Nursing Residents||$23,400.00||1/01/2022 - 12/31/2022||MRC Towncreek dba MRC Creekside|
|Bingocize: Social and Physical Engagement to Enhance Quality of Life||$390,157.59||4/01/2022-3/31/2025||Texas A&M University - San Antonio|
|Improving Culture and Quality of Care Through Virtual Intelligence||$139,019.36||3/01/2022 - 2/28/2025||Legacy Management Group of Louisiana, LLC dba Legacy Nursing and Rehabilitation|
|Culture Transformation through The Eden Alternative Training||$189,217.06||1 1/2 yrs|
1/01/2022 - 6/30/2023
|Methodist Retirement Communities|
|Resident Engagement and Calming Technology – REACT Project||$45,202.00||2/01/2022 - 1/31/2025||MRC Senior Living Corpus Christi dba MRC Mirador|
|LeadingAge Texas||$48,570.00||2/15/2022 - 2/14/2023||2021 Clinical Excellence Scholarship|
|Snoezelen Room||$88,683.42||2/01/2022 - 1/31/2023||Nexion Health of OHI, Inc.|
|Enrichment For All - Magnolia Place||$66,261.84||3/15/2022 - 3/14/2025||Fannin County Hospital Authority dba Magnolia Place Wellness and Rehabilitation|
|Restorative Program Initiative - iN2L||$51,044.86||2/15/2022 - 2/14/2025||The Sarah Roberts French Home|
|Drumming Around with Rehab||$11,603.40||10/18/2022 - 10/17/2024||West Ashby Healthcare Inc. dba San Pedro Manor|
|Courtyard Grant||$2,697.76||6/24/2022 - 6/23/2023||Guadalupe County Hospital Board dba Legend Oaks Healthcare and Rehabilitation - New Braunfels|