Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-150 - Nursing Care Facility
Section R432-150-29 - Alternative Sanctions for Nursing Facilities
Universal Citation: UT Admin Code R 432-150-29
Current through Bulletin 2024-06, March 15, 2024
(1) This section applies in addition to the requirements of Rule R380-600 for certified nursing facility licensees participating in the Centers for Medicare and Medicaid (CMS) program and establishes criteria for the imposition of sanctions authorized by statute.
(2)
(a) As the sole agency of the state
authorized to act as the health care facilities certification agency under
Section 26B-2-217, the department shall
conduct on-site inspections of nursing facilities to determine compliance with
federal nursing home requirements found in
42 CFR
488 (2023).
(b) When the department finds that a nursing
facility licensee is out of compliance with requirements of participation in
the CMS program, the department may recommend to CMS the imposition of
sanctions, including federal civil money penalties (CMP).
(3)
(a) For
a CMS certified nursing facility licensee, the department has authority to
apply the sanctions defined in the federal Omnibus Budget Reconciliation Act
(OBRA) of 1987 (P.L.
100-203) and Sections 1819(h) and 1919(h) of the
Social Security Act.
(b) The
department may recommend termination from the Medicare or Medicaid program if a
nursing facility licensee is found in chronic noncompliance with CMS
participation requirements.
(4) In accordance with 42 CFR 488 (2023), the department may recommend any of the following sanctions:
(a) temporary
management;
(b) denial of payment
for new admissions;
(c) transfer of
residents;
(d) closure of the
facility and transfer of residents;
(e) directed plan of correction;
(f) directed in-service training;
(g) state monitoring; and
(h) civil money penalties for:
(i) the number of days a facility is out of
compliance with one or more participation requirements; or
(ii) each instance that a facility is not in
substantial compliance in accordance with
42 CFR
488 (2023).
(5)
(a) The
department shall assess interest on the unpaid balance of any CMP issued and
collected by the department on behalf of CMS, beginning on the due
date.
(b) The interest rate charged
is the average of the bond equivalent of the federal standard as outlined in
42 CFR
488 (2023) during the period when interest is
charged.
(6) The department shall apply CMPs collected under this section in accordance with Sections 1819 and 1919 of the Social Security Act to the protection of the health and property of residents.
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