Federal
Civil money penalties: Notice of penalty.
42 CFR § 488.434
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17 segments
42 CFR § 488.434
42 CFR § 488.434
Civil money penalties: Notice of penalty.
(a)
CMS notice of penalty.
(1)
CMS sends a written notice of the penalty to the facility for all facilities except non-State operated NFs when the State is imposing the penalty.
(2)
Content of notice. The notice that CMS sends includes—
(i)
The nature of the noncompliance;
(ii)
The statutory basis for the penalty;
(iii)
Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;
(iv)
Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty;
(v)
The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;
(vi)
When the penalty stops accruing, if applicable;
(vii)
When the penalty is collected; and
(viii)
Instructions for responding to the notice, including a statement of the facility's right to a hearing, and the implication of waiving a hearing, as provided in § 488.436.
(b)
State notice of penalty.
(1)
The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action.
(2)
The State's notice must—
(i)
Be in writing; and
(ii)
Include, at a minimum, the information specified in paragraph (a)(2) of this section.
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