Mandatory Immediate Imposition of Federal Remedies

7304 - Mandatory Immediate Imposition of Federal Remedies (Rev. 213; Issued: 02-10-23; Effective: 02-10-23; Implementation: 02-10-23) Noncompliance may occur for a variety of reasons and can result in harm to residents or put residents at risk for harm. When facilities do not maintain substantial compliance, CMS may use various enforcement remedies to address a facility’s responsibility to promptly achieve, sustain and maintain compliance with all federal requirements. To support this purpose, we are directing the immediate imposition of federal remedies in certain situations outlined in §7304.1 below, and we recommend using the type of remedy that best achieves the purpose based on the circumstances of each case. This guidance does not apply to past noncompliance deficiencies as described in §7510.1 of this chapter. The determination to impose a federal remedy for past noncompliance is not mandatory and is at the discretion of the CMS Location.