Provision of sanctions

The department may impose any sanction described in section 33-07-05-06 if it is found that a nursing facility no longer meets a requirement of 42 U.S.C. 1396r(b), (c), or (d), or North Dakota Century Code section 23-16-01, and it is further found that the facility's deficiencies are: 1. A class I violation which immediately jeopardizes the health or safety of its residents, in which case the director shall immediately recommend the appointment of a receiver, as provided for in North Dakota Century Code chapter 23-16.1, and as specified in subsection 8 of section 33-07-05-06, or recommend termination of the facility's participation in the medical assistance program, and may provide, in addition, for one or more of the other sanctions described in section 33-07-05-06; or 2. A class II or class III violation which does not immediately jeopardize the health or safety of its residents, in which case the department may: a. Recommend termination of the facility's participation under the state plan; b. Provide for one or more of the remedies described in section 33-07-05-06; or c. Do both.