State Operations Manual (Pub. 100-07), Ch. 10 § 10005.11
Increased Penalty Amounts
10005.11 - Increased Penalty Amounts
(Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24)
Following the imposition of a lower level penalty amount (either the middle range or the lower
range), CMS may increase the per day penalty amount for any condition-level deficiency or
deficiencies which become sufficiently serious to pose potential harm or IJ.
CMS increases the per day penalty amount for deficiencies that are not corrected and
found again at the time of revisit survey(s) for which a lower level penalty was
imposed.
For repeated noncompliance with the same condition-level deficiency or for uncorrected
deficiencies from a prior survey, CMS may impose an increased CMP amount.