Notice of Imposition of Civil Money Penalty

10005.18 - Notice of Imposition of Civil Money Penalty (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) If CMS or the SA imposes a CMP, it provides the HHA or hospice program with written notice of the intent to impose the sanction/remedy, including the amount of the CMP being imposed, the basis for such imposition and the proposed effective date of the sanction/remedy. The notice includes: I. The nature of the noncompliance (regulatory requirements not met); II. The statutory basis for the CMP; III. The amount of the penalty per day of noncompliance or the amount of the penalty per instance of noncompliance during a survey; IV. The factors that were considered in determining the amount of the CMP; V. The date on which the per day CMP begins to accrue; VI. A statement that the per day CMP will accrue until substantial compliance is achieved or until termination from participation in the program occurs. VII. When the CMP payment is due; VIII. For HHAs only: Implications of the CMP imposition on the home health aide training and competency evaluation program (see also 42 CFR 484.80(f)). IX. Instructions for responding to the notice, including a statement of the HHA’s or hospice program’s right to a hearing and information about how to request a hearing; and X. Implications of waiving the right to a hearing and information about how to waive the right to a hearing (see §10013.20 below).