Ch. 5, § 6. Available remedies

Remedies are grouped into the following categories pursuant to 42 C.F.R. § 488.408: (a) Category 1 remedies. (i) Directed in-service training; (ii) Directed plan of correction; and/or (iii) The appointment of a state monitor. (b) Category 2 remedies. (i) Denial of Medicaid payments for new admissions; (ii) Denial of fifty percent of the State share of Medicaid payments for each resident affected by the deficiency(ies); (iii) Denial of the Federal share of Medicaid payments for each resident affected by the deficiency(ies); and/or (iv) Reimbursement of resident losses. (c) Category 3 remedies. (i) Denial of the federal share of Medicaid payments for all Medicaid residents. (ii) Denial of fifty percent of the State share of Medicaid payments for all Medicaid residents. (iii) Appointment of a temporary manager. (iv) Termination of Medicaid provider agreement; (v) Transfer of residents with assessment of transfer costs; and/or (vi) Closure of facility and transfer of residents with assessment of transfer costs. (d) A provider shall not report any costs incurred as any part of a remedy as an allowed cost pursuant to Chapter 7.