Introduction

7213.1 - Introduction (Rev. 118, Issued: 06-12-14, Effective: 01-01-12, Implementation: 01-01-12) Under sections 1819(h)(2)(B)(ii)(IV) and 1919(h)(2)(B)(ii)(IV) of the Act and regulations at 42 CFR 488.331 and 488.431 SNFs, NFs and SNF/NFs are provided the opportunity to request and participate in an Independent IDR if CMS imposes civil money penalties against the facility and these penalties are subject to being collected and placed in an escrow account pending a final administrative decision. NOTE: All CMP funds are subject to escrow. If the nursing home elects not to request an Independent IDR or to appeal, then after any IDR (if requested), CMP amount becomes due and payable in accordance with the process in §7528.3. A State survey agency does not need to create any new or additional processes for Independent IDR if its existing process meets the requirements at 42 CFR 488.331 and 488.431 and described throughout §7213.