C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES › Subpart F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies

42 C.F.R. § 488.400

Statutory basis

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Sections 1819(h) and 1919(h) of the Act specify remedies that may be used by the Secretary or the State respectively when a SNF or a NF is not in substantial compliance with the requirements for participation in the Medicare and Medicaid programs. These sections also provide for ensuring prompt compliance and specify that these remedies are in addition to any other available under State or Federal law, and, except, for civil money penalties imposed on NFs-only by the State, are imposed prior to the conduct of a hearing.

[76 FR 15126, Mar. 18, 2011]
Notes of Decisions
Cited in 4 cases, 1997–2013 · leading case: Beechwood Restorative Care Ctr. v. Thompson, 494 F. Supp. 2d 181 (W.D.N.Y. 2007).
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Beechwood Restorative Care Ctr. v. Thompson, 494 F. Supp. 2d 181 (W.D.N.Y. 2007). “” 42 C.F.R. § 488.400 . Thus, a state’s imposition of a remedy does not necessarily mean that the remedy was imposed under federal law, much less that the remedy was imposed on behalf of, or with the approval of, CMS.”
Texas Health Care Ass'n v. Health & Human Servs. Comm'n, 949 S.W.2d 544 (Tex. App.—Austin 1997). “The categories of remedies, the sanctions, and the terms and conditions governing their imposition are found in 42 C.F.R. §§ 488.400 -.456 (1996). See also id.”
Pentskiff Interpreting Servs. v. Dep't of Health, 2013 UT App 156, 305 P.3d 214. “" 42 C.F.R. § 488.400 (a)@8). In order for providers and their subcontractors to access the fair hearing process and grievance procedures, they must be "acting on behalf of the enrollee and with the enrollee's written consent.”
Texas Health Care Ass'n v. Health & Human Servs. Comm'n Comm'r Michael McKinney Texas Dep't of Human Servs. & Comm'r Burton Raiford, No. 03-96-00493-CV (Tex. App.—Austin July 24, 1997). · cites it 2× “The categories of remedies, the sanctions, and the terms and conditions governing their imposition are found in 42 C.F.R. §§ 488.400 -.456 (1996). See also id.”
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