State Operations Manual (Pub. 100-07), Ch. 10 § 10005.10
Decreased Penalty Amounts
10005.10 - Decreased Penalty Amounts
(Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24)
If a penalty was imposed in the upper range and the IJ is removed or abated but the HHA or
hospice program continues to have condition-level noncompliance that is not IJ, CMS will shift
the penalty amount imposed per day from the upper range to the middle or lower range based on
the conditions that are out of compliance. SAs and CMS Locations should follow the same
guidelines above to determine new penalty amount. An earnest effort to correct any systemic
causes of deficiencies and sustain improvement must be evident.