Enforcement Action Of Civil Monetary Penalties

01. Civil Monetary Penalties. May be imposed when it is determined a facility is operating without a license, has repeat non-core deficiencies that place residents at significant risk for potential harm, or the facility fails to comply with conditions of the provisional license. Actual harm to a resident or residents does not need to occur. A single act, omission, or incident will not give rise to imposition of multiple penalties, even though such act, omission, or incident may violate more than one (1) rule. (7-1-26) 02. Assessment Amount for Civil Monetary Penalty. Civil monetary penalties are assessed at ten dollars ($10) for each day the facility is or was out of compliance per deficiency, multiplied by the total number of occupied licensed beds. (7-1-26) a. In any ninety (90) day period, the penalty amounts may not exceed the limits shown in the following table: (3-15-22) 03. Notice of Civil Monetary Penalties and Appeal Rights. The Department will give written notice informing the facility of the amount of the penalty, the basis for its assessment and the facility's appeal rights. (3-15-22) 04. Payment of Penalties. The facility must pay the full amount of the penalty within thirty (30) calendar days from the date the notice is received, unless the facility requests an administrative review. The civil monetary penalty determined through administrative review must be paid within thirty (30) calendar days of the dated administrative review decision, unless the facility requests an administrative hearing. The amount of the civil monetary penalty determined through an administrative hearing must be paid within thirty (30) calendar days of the dated hearing decision unless the facility files a petition for judicial review. Interest accrues on all unpaid penalties at the legal rate of interest for judgments. Such interest accruement will begin one (1) calendar day after the date of the initial assessment of the penalty. (7-1-26) 05. Failure to Pay. Failure of a facility to pay the entire penalty, together with any interest, is cause for revocation of the license or the amount will be withheld from Medicaid payments to the facility. (3-15-22) 926. – 929. (RESERVED)