Civil Money Penalty Funds

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.

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 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.

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:

1. A description of their purpose
2. The number of participants attending
3. A detailed statement of the cost to the project
4. The cost of any food or beverages
5. The cost of audio-visual services for a conference
6. The cost of employee or contractor travel to and from a conference; and
7. 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.

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.

Any project that requires construction, structural changes or electrical work to a facility is considered a capital project. Capital projects are prohibited.

Yes. You will be required to complete a Data Use Agreement (PDF) as prescribed by the Texas Health and Human Services Commission.

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.

No. All applications must be submitted via email before 11:59 p.m. of the deadline date. There are no exceptions.

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.

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.

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.

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.

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.