North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-05.2 - Nursing Facility Enforcement Action
Section 75-02-05.2-02 - Available enforcement remedies

Current through Supplement No. 394, October, 2024

The following enforcement remedies may be imposed on a facility that is not in substantial compliance.

1. Category one remedies:

a. A directed plan of care.

b. Directed in-service training.

c. State monitoring.

2. Category two remedies:

a. Denial of payment for all new medicaid admissions.

b. A ban on new admissions of residents.

c. A civil money penalty ranging from a minimum of fifty dollars to a maximum of three thousand dollars for each day the facility is not in substantial compliance.

3. Category three remedies:

a. Termination of the provider agreement.

b. Appointment of a receiver to oversee the operation of the facility.

c. A civil money penalty ranging from a minimum of three thousand fifty dollars to a maximum of ten thousand dollars for each day the facility is not in substantial compliance.

d. In case of an emergency, transfer of residents to other facilities.

e. In case of an emergency, transfer of residents to other facilities with closure of the facility.

General Authority: NDCC 50-24.1-04

Law Implemented: 42 USC 1396 r(h)

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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