The CMS-1513 form, officially titled as the Disclosure of Ownership and Control Interest Statement, is a critical document for entities engaging with the Centers for Medicare & Medicaid Services (CMS). This form serves as a declaration of any ownership or controlling interests entities might have and is crucial for participation, certification, or recertification in programs under titles V, XVIII, XIX, and XX. It is mandated to ensure transparency and compliance with federal regulations, where failure to accurately complete and submit this form could result in severe repercussions, including denial or termination of agreements with CMS. For guidance on accurately completing and submitting the CMS-1513 form, click the button below.
The CMS-1513 form, sanctioned by the Department of Health and Human Services and overseen by the Centers for Medicare & Medicaid Services (CMS), operates as a crucial administrative requirement across health service programs under titles V, XVIII, XIX, and XX. Its primary purpose centers around the transparent disclosure of ownership and control interests, a procedural necessity for those seeking participation, certification, or recertification, as well as for those aiming to renew or enter into contractor agreements within these federal programs. Its completion ensures compliance with federal mandates to fortify accountability and mitigate conflicts of interest, thereby supporting the integrity of health services provided to the public. The form mandates detailed information regarding direct and indirect ownership interests surpassing the 5 percent threshold, alongside controlling interests that might affect the operational direction of the disclosing entity. Additionally, any substantial changes in provider status or affiliations within the previous year require declaration, underscoring a commitment to current and accurate disclosures as central to ongoing CMS interactions. A failure to fulfill these disclosure obligations could result in the refusal or termination of agreements with the Secretary or applicable state agencies, underlining the form’s pivotal role in maintaining transparent and ethical health service delivery.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Form Approved
CENTERS FOR MEDICARE & MEDICAID SERVICES
OMB No. 0938-0086
INSTRUCTIONS FOR COMPLETING DISCLOSURE OF
OWNERSHIP AND CONTROL INTEREST STATEMENT (CMS-1513)
Completion and submission of this form is a condition of participation, certification, or recertification under any of the programs established by titles V, XVIII, XIX, and XX, or as a condition of approval or renewal of a contractor agreement between the disclosing entity and the Secretary of appropriate State agency under any of the above-titled programs, a full and accurate disclosure of ownership and financial interest is required. Failure to submit requested information may result in a refusal by the Secretary or appropriate State agency to enter into an agreement or contract with any such institution or in termination of existing agreements.
SPECIAL INSTRUCTIONS FOR TITLE XX PROVIDERS
All title XX providers must complete part II (a) and (b) of this form. Only those title XX providers rendering medical, remedial, or health related home- maker services must complete parts II and III. Title V providers must complete parts II and Ill.
General Instructions
For definitions, procedures and requirements, refer to the appropriate Regulations:
Title V
–
42CFR 51a.144
Title XVIII –
42CFR 420.200
– 206
Title XIX
42CFR
455.100
– 106
Title XX
45CFR
228.72 – 73
Please answer all questions as of the current date. If the yes block for any item is checked, list requested additional information under the Remarks section on page 2, referencing the item number to be continued. If additional space is needed use an attached sheet.
Return the original and second and third copies to the State agency; retain the first copy for your files.
This form is to be completed annually. Any substantial delay in completing the form should be reported to the State survey agency.
DETAILED INSTRUCTIONS
These instructions are designed to clarify certain questions on the form. Instructions are listed in question order for easy reference. No instructions have been given for questions considered self-explanatory.
IT IS ESSENTIAL THAT ALL APPLICABLE QUESTIONS BE ANSWERED ACCURATELY AND THAT ALL INFORMATION BE CURRENT.
Item I (a) Under identifying information specify in what capacity the entity is doing business as (DBA), example, name of trade or corporation.
(b)For Regional Office Use Only. If the yes box is checked for item VII, the Regional Office will enter the 5-digit
number assigned by CMS to chain organizations.
Item II - Self-explanatory.
Item III - List the names of all individuals and organizations having direct or indirect ownership interests, or controlling interest separately or in combination amounting to an ownership interest of 5 percent or more in the disclosing entity.
Direct ownership interest is defined as the possession of stock, equity in capital or any interest in the profits of the disclosing entity. A disclosing entity is defined as a Medicare provider or supplier, or other entity that furnishes services or arranges for furnishing services under Medicaid or the Maternal and Child Health program, or health related services under the social services program.
Indirect ownership interest is defined as ownership interest in an entity that has direct or indirect ownership interest in the disclosing entity. The amount of indirect ownership in the disclosing entity that is held by any other entity is determined by multiplying the percentage of ownership interest at each level. An indirect ownership interest must be reported if it equates to an ownership interest of 5 percent or more in the disclosing entity. Example: if A owns 10 percent of the stock in a corporation that owns 80 percent of the stock of the disclosing entity, A's interest equates to an 8 percent indirect ownership and must be reported.
Controlling interest is defined as the operational direction or management of a disclosing entity which may be maintained by any or all of the following devices: the ability or authority, expressed or reserved, to amend or change the corporate identity (i.e., joint venture agreement, unincorporated business status) of the disclosing entity; the ability or authority to nominate or name members of the Board of Directors or Trustees of the disclosing entity; the ability or authority, expressed or reserved, to amend or change the by-laws, constitution, or other operating or management direction of the disclosing entity; the right to control any or all of the assets or other property of the disclosing entity upon the sale or dissolution of that entity; the ability or authority, expressed or reserved, to control the sale of any or all of the assets, to encumber such assets by way of mortage or other indebtedness, to dissolve the entity, or to arrange for the sale or transfer of the disclosing entity to new ownership or control.
Items IV – VII - Changes in Provider Status
Change in provider status is defined as any change in management control. Examples of such changes would include: a change in Medical or Nursing Director, a new Administrator, contracting the operation of the facility to a management corporation, a change in the composition of the owning partnership which under applicable State law is not considered a change in ownership, or the hiring or dismissing of any employees with 5 percent or more financial interest in the facility or in an owning corporation, or any change of ownership.
For Items IV – VII, if the yes box is checked, list additional information requested under Remarks. Clearly identify which item is being continued.
Item IV - (a & b) If there has been a change in ownership within the last year or if you anticipate a change, indicate the date in the appropriate space.
Item V - If the answer is yes, list name of the management firm and employer identification number (EIN), or the name of the leasing organization. A management company is defined as any organization that operates and manages a business on behalf of the owner of that business, with the owner retaining ultimate legal responsibility for operation of the facility.
Item VI - If the answer is yes, identify which has changed (Administrator, Medical Director, or Director of Nursing) and the date the change was made. Be sure to include name of the new Administrator, Director of Nursing or Medical Director, as appropriate.
Item VII - A chain affiliate is any free-standing health care facility that is either owned, controlled, or operated under lease or contract by an organization consisting of two or more free-standing health care facilities organized within or across State lines which is under the ownership or through any other device, control and direction of a common party. Chain affiliates include such facilities whether public, private, charitable or proprietary. They also include subsidiary organizations and holding corporations. Provider-based facilities, such as hospital-based home health agencies, are not considered to be chain affiliates.
Item VIII - If yes, list the actual number of beds in the facility now and the previous number.
OMB NO. 0938-0086
DISCLOSURE OF OWNERSHIP AND CONTROL INTEREST STATEMENT
Provider No.
Vendor No.
Telephone No.
City, County, State
Zip Code
■ ■ ■ ■ ■ LB1
II.Answer the following questions by checking "Yes" or "No." If any of the questions are answered "Yes," list names and addresses of individuals or corporations under Remarks on page 2. Identify each item number to be continued.
(a)Are there any individuals or organizations having a direct or indirect ownership or control interest of 5 percent or more in the institution, organizations, or agency that have been convicted of a criminal offense related to the involvement of such persons, or organizations in any of the programs established by titles XVIII, XIX, or XX?
■ Yes ■ No
LB2
(b)Are there any directors, officers, agents, or managing employees of the institution, agency or organization who have ever been convicted of a criminal offense related to their involvement in such programs established by titles XVIII, XIX, or XX?
LB3
(c)Are there any individuals currently employed by the institution, agency, or organization in a managerial, accounting, auditing, or similar capacity who were employed by the institution's, organization's, or agency's fiscal intermediary or carrier within the previous 12 months? (Title XVIII providers only)
LB4
Ill. (a) List names, addresses for individuals, or the EIN for organizations having direct or indirect ownership or a controlling interest in the entity. (See instructions for definition of ownership and controlling interest.) List any additional names and addresses under "Remarks" on page 2. If more than one individual is reported and any of these persons are related to each other, this must be reported under Remarks.
Name
Address
EIN
LB5
(b) Type of Entity:
■ Sole Proprietorship
■ Partnership
■ Corporation
LB6
■ Unincorporated Associations
■ Other (Specify)
(c) If the disclosing entity is a corporation, list names, addresses of the Directors, and EINs for corporations under Remarks.
Check appropriate box for each of the following questions:
(d)Are any owners of the disclosing entity also owners of other Medicare/Medicaid facilities? (Example: sole proprietor, partnership or members of Board of Directors.) If yes, list names, addresses of individuals and provider numbers.
LB7
Provider Number
CMS-1513 (5/86)
Page 1
IV. (a) Has there been a change in ownership or control within the last year?
If yes, give date _____________
■ Yes
■ No
LB8
(b) Do you anticipate any change of ownership or control within the year?
If yes, when? _______________
LB9
(c) Do you anticipate filing for bankruptcy within the year?
LB10
V. Is this facility operated by a management company, or leased in whole or part by another organization?
If yes, give date
of change in operations ____________
LB11
VI. Has there been a change in Administrator, Director of Nursing, or Medical Director within the last year?
LB12
VII. (a) Is this facility chain affiliated? (If yes, list name, address of Corporation, and EIN)
EIN #
LB13
LB14
VII. (b) If the answer to Question VII.a. is No, was the facility ever affiliated with a chain?
(If yes, list Name, Address of Corporation, and EIN)
LB18
LB19
VIII. Have you increased your bed capacity by 10 percent or more or by 10 beds, whichever is greater, within the last 2 years?
LB15
If yes, give year of change ____________
Current beds _____________ LB16 Prior beds _____________ LB17
WHOEVER KNOWINGLY AND WILLFULLY MAKES OR CAUSES TO BE MADE A FALSE STATEMENT OR REPRESENTATION OF THIS STATEMENT, MAY BE PROSECUTED UNDER APPLICABLE FEDERAL OR STATE LAWS. IN ADDITION, KNOWINGLY AND WILLFULLY FAILING TO FULLY AND ACCURATELY DISCLOSE THE INFORMATION REQUESTED MAY RESULT IN DENIAL OF A REQUEST TO PARTICIPATE OR WHERE THE ENTITY ALREADY PARTICIPATES, A TERMINATION OF ITS AGREEMENT OR CONTRACT WITH THE STATE AGENCY OR THE SECRETARY, AS APPROPRIATE.
Name of Authorized Representative (Typed)
Title
Signature
Date
Remarks
Page 2
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number. The valid 0MB control number for this information collection is 0938-0086. The time required to complete this information collection is estimated to average 30 minutes per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to CMS, 7500 Security Boulevard, N2-14-26, Baltimore, Maryland 21244-1850.
Filling out the CMS-1513 form is essential for entities that participate in health programs under titles V, XVIII, XIX, and XX. Submission of this form, which discloses ownership and control interest, is a core compliance requirement. The form seeks detailed information about the ownership and any significant changes in the entity's status that might affect its participation in federal health programs. To ensure a smooth submission process, follow these guidelines carefully. The instructions detailed here provide a straightforward approach for completing the CMS-1513 form accurately.
Steps to Fill Out the CMS-1513 Form
Ensuring that all relevant sections of the CMS-1513 form are filled out accurately and submitted on time is crucial for compliance with the conditions of participation in federal health services programs. Paying close attention to the detailed instructions and responding to each item thoughtfully helps avoid delays or issues with your entity's certification, recertification, or contract renewal processes.
What is the CMS-1513 form?
The CMS-1513 form, known as the Disclosure of Ownership and Control Interest Statement, is a required document for entities seeking to participate, certify, or recertify in programs under titles V, XVIII, XIX, and XX of the Centers for Medicare & Medicaid Services (CMS). It mandates the full disclosure of ownership and financial interests to ensure compliance with federal regulations. Failure to provide accurate and up-to-date information may result in the denial of participation or termination of existing agreements.
Who needs to complete the CMS-1513 form?
Any Medicare provider, supplier, or other entity that offers services or arranges for services to be furnished under Medicaid, the Maternal and Child Health program, or health-related services under the social services program must complete this form. This includes entities providing medical, remedial, or health-related homemaker services and is required annually or upon any significant change in ownership or control.
What information is required on the CMS-1513 form?
The form requires information about direct or indirect ownership interests, controlling interests, changes in provider status, and other administrative details of the disclosing entity. Specific sections include identification of the entity, listing of individuals or organizations with significant ownership or control interests, and disclosure of any changes in ownership, management, or control within the last year.
What constitutes a direct or indirect ownership interest as per the CMS-1513 form?
A direct ownership interest is defined as possession of stock, equity in the capital, or any interest in the profits of the disclosing entity. Indirect ownership interest pertains to ownership in an entity that possesses a direct or indirect interest in the disclosing entity. An ownership interest must be reported if it amounts to 5 percent or more, calculated by multiplying the percentage of ownership through each level of ownership.
How is a controlling interest defined in the context of the CMS-1513 form?
A controlling interest is the operational direction or management of the disclosing entity. It can be achieved through various methods, including the ability to amend the corporate identity, nominate board members, change operating rules, control assets, or arrange the sale or dissolution of the entity. Essentially, it refers to any authority that dictates the entity's management or operational direction.
What happens if there is a change in the information provided in the CMS-1513 form?
If there is any change in the ownership, control, or management information provided in the CMS-1513, the entity must report these changes to the State agency. This is crucial for maintaining transparency about who owns, controls, or has a significant financial interest in the provider or supplier. Changes might include a new administrator, a change in the ownership structure, or a shift in financial interests above the 5 percent threshold.
What are the implications of knowingly providing false information on the CMS-1513 form?
Submitting false statements or failing to disclose full and accurate information on the CMS-1513 form can lead to serious legal consequences, including prosecution under applicable federal or state laws. Additionally, it may result in the denial of participation in CMS programs or termination of existing contracts. Full transparency and accuracy are required to comply with federal regulations and ensure eligibility for participation in CMS programs.
When filling out the CMS-1513 form, a common mistake made by individuals is failing to provide updated and current information. This form, essential for disclosing ownership and control interests to the Department of Health and Human Services, requires accurate and up-to-date details as of the current date. Overlooking this requirement can lead to inaccuracies in the submission, resulting in potential delays or denials in participation, certification, or recertification processes. Ensuring that all provided information reflects the most current data is crucial for the efficient processing of the form.
Another frequent error occurs in the completion of Item III, where individuals and organizations must list all those with a direct or indirect ownership or controlling interest of 5 percent or more. Occasionally, entities mistakenly omit reporting indirect ownership interests that hit the 5 percent threshold. This oversight can stem from a misunderstanding of how to calculate indirect ownership, which involves multiplying the percentages of ownership interest at each ownership level. Proper calculation and reporting of these interests are imperative to meet the disclosure requirements accurately.
Incorrectly handling the changes in provider status in Items IV through VII represents another common pitfall. This section seeks information about any significant alterations in operational control, including but not limited to a change in directors or administrators, adjustments in ownership, or shifts in management entities. Individuals often check “no” without fully understanding what constitutes a change in provider status or mistakenly believe that minor changes do not need to be reported. Recognizing and accurately reporting any change in management control is essential to maintain compliance and transparency with regulatory bodies.
Last but not least, failing to properly utilize the “Remarks” section represents a missed opportunity for clarity. Respondents sometimes skip the opportunity to provide additional information when answering “yes” to certain questions, which can lead to a lack of context for the provided answers. This section is designed to offer space for elaboration and clarification, which can be particularly useful if the space provided in the main part of the form is insufficient. Utilizing this section effectively can enhance the comprehensiveness and accuracy of the information provided, facilitating a smoother review process.
Completing the Centers for Medicare & Medicaid Services (CMS) Form 1513, also known as the Disclosure of Ownership and Control Interest Statement, is a crucial step for healthcare entities seeking participation or continuation in federally funded programs. It demands transparency about the ownership and control dynamics of the entity. However, this form does not stand alone. Various other documents often accompany it, each playing a vital role in ensuring compliance and facilitating the thorough review by the appropriate agencies. In what follows, we'll explore some of these supplementary documents, shedding light on their purposes and significance.
While the CMS 1513 form serves as a critical starting point for disclosing ownership and control interests, the accompanying documents provide a comprehensive view of the entity's legal, financial, and operational standing. Collectively, these documents facilitate a thorough and efficient review process, ensuring entities meet the regulatory requirements essential for participating in federally funded healthcare programs. Understanding the context and requirements for each document is fundamental for compliance and successful participation in these programs.
The CMS-855A form, like the CMS-1513, is specifically designed for Medicare service providers. Both forms require detailed information about the ownership, control interests, and management structure of the entities applying for Medicare certification or looking to maintain their current provider status. While the CMS-1513 form focuses on disclosing ownership and control interests to ensure compliance with health program requirements, the CMS-855A specifically targets providers of medical or health services, requiring them to report similar information as a condition of participation in Medicare.
The OGE Form 450 closely mirrors the principles of the CMS-1513 form, emphasizing transparency and ethical conduct within federal agencies. While the CMS-1513 requires healthcare entities to disclose ownership and control interests possibly affecting Medicare and Medicaid participation, the OGE Form 450 is used by federal employees to reveal any potential conflicts of interest, including financial interests that could influence their official duties. The underlying goal of both forms is to prevent conflicts of interest and ensure integrity in operations and decision-making processes.
The CMS-855B form is analogous to the CMS-1513 in its purpose for suppliers of medical equipment, prosthetics, orthotics, and supplies (DMEPOS) aspiring to engage in Medicare. Both documents mandate comprehensive disclosure of ownership, administrative structure, and control to mitigate fraud and abuse within the Medicare program. However, the CMS-855B specifically addresses the requirements and qualifications for DMEPOS suppliers, ensuring they are responsible and properly structured to provide equipment and supplies to Medicare beneficiaries.
SEC Form D shares a similar objective with the CMS-1513, focusing on the transparency of ownership and control, albeit within the context of securities. The SEC Form D is a filing requirement for companies seeking exemption from full SEC registration when they offer and sell securities. Like the CMS-1513's goal of disclosing ownership to prevent conflicts of interest in healthcare, Form D aims to protect investors by providing essential information about the company's key stakeholders and their financial stakes.
The IRS Form 990 is used by tax-exempt organizations to provide the IRS with annual financial information, paralleling the CMS-1513 form’s objective of ensuring transparency in entities’ operations. While Form 990 focuses on the financial activities, governance, and compliance of nonprofit organizations with tax laws, the CMS-1513 ensures that healthcare providers and suppliers disclose their ownership and control structures to comply with federal health program integrity requirements. The core similarity lies in both forms' roles in promoting accountability and transparency.
Lastly, the CMS-855I form, much like the CMS-1513, is tailored for individual practitioners and physician groups that intend to participate in the Medicare program. Both forms necessitate detailed disclosures about ownership and financial interests to ensure that participants in federal healthcare programs operate with integrity and are free from conflicts of interest. While the CMS-855I is targeted toward individual providers, ensuring their eligibility and credentials, it aligns with the CMS-1513’s broader goal of maintaining transparency and ethical conduct within the healthcare system.
When filling out the CMS-1513 form, it is important to pay attention to both the instructions provided and the accuracy of the information submitted. Below is a list of dos and don'ts to consider:
One common misconception is that the CMS-1513 form is only for healthcare providers. While it primarily concerns Medicare providers, suppliers, and other entities under Medicaid or health programs, the requirement extends beyond just direct healthcare provision. This encompasses any entity that has financial transactions or contracts with the Department of Health and Human Services (HHS) under various titles, ensuring transparency in ownership and financial interests.
Another misconception is that the CMS-1513 form is optional or only needed for initial certification. In reality, this form is mandatory for participation, certification, or recertification under the healthcare programs specified by titles V, XVIII, XIX, and XX. Moreover, it must be completed annually or upon any significant change in ownership or control, emphasizing its continual importance beyond initial engagement.
Some believe that disclosing only direct ownership interests is sufficient when completing the form. However, the form requires disclosure of both direct and indirect ownership interests of 5 percent or more in the disclosing entity. This includes any interest an individual or organization has in an entity that itself has any level of interest in the disclosing entity, ensuring a comprehensive view of financial interests and control.
There is a misconception that if you don't anticipate any changes in ownership or control, you don't have to pay much attention to the form after the first submission. This overlooks the form's design to capture and update any changes in provider status, such as changes in management, operational control, or financial interest, that must be reported as they occur.
Finally, some assume that the details around chain affiliation are only relevant if the facility is currently part of a chain. However, the CMS-1513 form requires information about past affiliations and changes in capacity or facility status, including any past affiliations with chains or significant changes in service capacity. This comprehensive historical perspective ensures that the Centers for Medicare & Medicaid Services (CMS) has a full understanding of an entity's operational history and potential changes affecting its service provision.
Filling out and utilizing the CMS-1513 form, officially titled the Disclosure of Ownership and Control Interest Statement, involves detailed procedures that individuals and organizations must follow to comply with regulations set by the Centers for Medicare & Medicaid Services (CMS). Here are four key takeaways regarding this process:
Significant for entities and individuals involved in healthcare provision under federally supported programs, the CMS-1513 form plays a critical role in maintaining transparency and ethical standards within the healthcare system.
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