Accrual and Duration of Per Day Penalty

10005.12 - Accrual and Duration of Per Day Penalty (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) 1000 5.13 - Dura tion of Per Day Penalty when there is IJ (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) The per day CMP would begin to accrue on the last day of the survey that identified the noncompliance and would continue to accrue until the HHA or hospice program achieves substantial compliance with all requirements or the date of termination, whichever occurs first. In the case of noncompliance that poses IJ, CMS must terminate the provider agreement within 23 calendar days after the last date of the survey if the IJ is not removed. Available Sanction/Remedies Timeframe for Notice of Imposition Civil Money Penalties (CMP)* Notice of intent to impose – provided with statement of deficiencies Notice includes: the amount of the CMP being imposed, the basis for such imposition and the proposed effective date of the sanction. 10005.13A - Duration of Penalty when there is no IJ (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) In the case of noncompliance that does not pose IJ, the daily accrual of per day CMP is imposed for the days of noncompliance, i.e., from the day the penalty starts (based on the survey completion date and this may be prior to the notice), until the HHA or hospice program achieves substantial compliance based on a revisit or the provider agreement is terminated, but for a period of no longer than 6 months following the last day of the survey. If the HHA or hospice program has not achieved substantial compliance with all the conditions of participation, CMS will terminate the provider agreement. The accrual of civil money penalty stops on the day the HHA or hospice program agreement is terminated or the HHA or hospice program achieves substantial compliance, whichever is earlier.