Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes (SNF/NF), Change in Notice Requirements, and Expansion of Discretionary Remedy Delegation

This final rule with comment period expands current Medicare and Medicaid regulations regarding the imposition of civil money penalties imposed on nursing homes that are not in compliance with program requirements. The existing regulations provide for the imposition of a civil money penalty in a specific amount for each day of noncompliance and provide further that the civil money penalty stays in place until the facility comes into substantial compliance with all participation requirements or the facility is terminated from participation in the program. This new rule adds the ability for HCFA or the State to impose a single civil money penalty amount for an instance of a nursing home's noncompliance. We are also deleting language to remove the requirement of a maximum notification period for imposition of a remedy.