About the Course
Introduction
This CLE webinar will provide a comprehensive overview of the Centers for Medicare and Medicaid Services' (CMS) new Risk-Based Survey (RBS) process, which is a modified, more efficient version of the Long-Term Care Survey Process (LTCSP) designed to streamline standard recertification surveys for qualifying high-performing skilled nursing facilities. The panel will discuss RBS eligibility standards, offer best practices for qualification, and examine the industry impact.
Description
CMS recently launched nationwide implementation of the new RBS process, which is a modified, more efficient version of the LTCSP and is designed to streamline standard recertification surveys for qualified high-performing skilled nursing facilities. CMS estimates that the new process will take roughly half the time of the LTCSP with fewer total surveyors. The purpose is to allow State Survey Agencies (SAs) to redirect resources toward complaint investigations at facilities where residents face a higher risk of harm and to catch up on the backlog of facilities that have yet to be surveyed.
To be eligible to be listed on CMS' quarterly RBS-qualified list sent to SAs, facilities must avoid any of a number of disqualifying criteria including: (1) an overall rating below five stars; (2) a staffing rating below three stars; (3) any citation for Actual Harm, Immediate Jeopardy, or Substandard Quality of Care in the last survey cycle; (4) more than 18 months without a standard survey; and (5) a change in ownership since the last standard survey.
Counsel for covered entities should understand the new RBS process, how their clients may be eligible to be included on the RBS facility quarterly qualified list, what may disqualify them from being included on the list or remaining on the list, and the impact that the new process may have on their clients and the industry as a whole.
Listen as our authoritative panel provides a comprehensive overview of CMS' new RBS process.
Presented By
Since 2009, Mr. Brusca has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area. Mr. Brusca shares his knowledge on this important topic by regularly lecturing around the country and teaching other lawyers to prosecute these claims the right way. He has also been consulted by reporters and law enforcement in this field. Mr. Brusca has been published many times, including in the New Jersey Law Journal and in “Trial” – the national attorney magazine published & disseminated by the American Association for Justice.
Mr. Klele is a dedicated and knowledgeable healthcare attorney. He represents numerous clients in the healthcare industry, including group practices, ambulatory surgery centers, urgent care centers, telemedicine providers, laboratories, medispas, infusion centers, healthcare service firms, home health agencies, imaging centers, addiction centers, senior living facilities, management service organizations (MSOs), pharmacies, hospitals, and rural clinics, among others. Mr. Klele is well-versed in healthcare litigation, regulatory compliance matters, and transactional matters, providing comprehensive legal support to his clients. He is an experienced litigator, and with extensive knowledge of regulatory issues, Mr. Klele represents healthcare clients in a wide range of disputes including payor audits, healthcare reimbursement issues, including ERISA, and claims involving the federal False Claims Act and its state equivalents. He also represents his clients in contract disputes, partnership disputes, facility construction disputes, non-compete actions, as well as other general litigation matters. Additionally, Mr. Klele represents individual physicians and other healthcare professionals before their respective boards for investigations and disciplinary actions, as well as in other licensing matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, December 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction
A. Overview of standard recertification survey process and purpose
II. New Risk-Based Survey
A. Background and purpose
B. Process
C. Eligibility: qualifying and disqualifying criteria
D. Public identification of qualified facilities
III. Impact on covered entities
IV. Key takeaways
The panel will review these and other important issues:
- What is the purpose behind RBS?
- How does it differ from LTCSP?
- What are the eligibility requirements for making the CMS quarterly RBS-qualified list?
- How might a facility that qualifies for the list lose its eligibility?
- What is the potential impact of RBS on covered entities and the industry as a whole?
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