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. § 488.406

Available remedies

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. In addition to the remedy of termination of the provider agreement, the following remedies are available:

(1) Temporary management.

(2) Denial of payment including—

(i) Denial of payment for all individuals, imposed by CMS, to a—

(A) Skilled nursing facility, for Medicare;

(B) State, for Medicaid; or

(ii) Denial of payment for all new admissions.

(3) Civil money penalties.

(4) State monitoring.

(5) Transfer of residents.

(6) Closure of the facility and transfer of residents.

(7) Directed plan of correction.

(8) Directed in-service training.

(9) Alternative or additional State remedies approved by CMS.

(b) Remedies that must be established. At a minimum, and in addition to termination of the provider agreement, the State must establish the following remedies or approved alternatives to the following remedies:

(1) Temporary management.

(2) Denial of payment for new admissions.

(3) Civil money penalties.

(4) Transfer of residents.

(5) Closure of the facility and transfer of residents.

(6) State monitoring.

(c) State plan requirement. If a State wishes to use remedies for noncompliance that are either additional or alternative to those specified in paragraphs (a) or (b) of this section, it must—

(1) Specify those remedies in the State plan; and

(2) Demonstrate to CMS's satisfaction that those remedies are as effective as the remedies listed in paragraph (a) of this section, for deterring noncompliance and correcting deficiencies.

(d) State remedies in dually participating facilities. If the State's remedy is unique to the State plan and has been approved by CMS, then that remedy, as imposed by the State under its Medicaid authority, may be imposed by CMS against the Medicare provider agreement of a dually participating facility.

[59 FR 56243, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]
Notes of Decisions
Cited in 24 cases (9 in the last 5 years), 1997–2025 · leading case: United States Ex Rel. Absher v. Momence Meadows Nursing Center, Inc.
Sort: Relevance Newest Treatment
United States Ex Rel. Absher v. Momence Meadows Nursing Center, Inc. (2014) ca7 “See 42 C.F.R. §§ 488.406 , 488.408. Additionally, payments may be suspended if there are credible allegations of fraud against a facility.”
Northport Health Svcs. of Ark. v. USDHHS (2021) ca8 “See 42 C.F.R. § 488.406 ; 84 Fed. Reg. at 34,733.”
State v. Neiswanger Mgmt. Servs., LLC (2018) md “See 42 C.F.R. § 488.406 (a)(1)-(9) (2018). These remedies may resolve a variety of operating conditions that present a threat to resident health or safety, but they do not appear to offer the same remedy the General Assembly authorized to prevent or cure unlawful involuntary…”
Bryn Mawr Care, Incorporated v. Kathleen Sebelius (2014) ca7 · cites it 2× “See 42 C.F.R. §§ 488.406 (listing remedies); 488.”
Rosewood Care Center of Swanse v. Thomas E. Price (2017) ca7 “The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.”
Bryn Mawr Care v. Sebelius (2012) ilnd · cites it 2× “Such remedies are specifically outlined in 42 C.F.R. § 488.406 , and the publishing of information about a deficiency finding is not included on the list.”
BEECHWOOD RESTORATIVE CARE CENTER v. Thompson (2007) nywd “; see also 42 C.F.R. § 488.406 (d) (providing that "[i]f the State’s remedy is unique to the State plan and has been approved by CMS, then that remedy, as imposed by the State under its Medicaid authority, may be imposed by CMS against the Medicare provider agreement of a dually…”
Texas Health Care Ass'n v. Health & Human Services Commission (1997) texapp “§ 1396r(h)(2)(A); 42 C.F.R. § 488.406 (a)(9) (1996). In its second point of error, the Association complains the trial court abused its discretion in not awarding the Association attorney’s fees.”
Columbus Park Nursing & Rehabilitation Center v. Sebelius (2013) ilnd “See Del Rosa Villa, 1997 WL 269487 , at *5 (“Federal Defendants are correct that a ‘determination’ cannot occur without imposition of a ‘remedy’ specified at 42 C.F.R. § 488.406 . They are also correct that thereafter the ‘exclusive means of obtaining judicial review is an…”
In re Bayou Shores SNF, LLC (2014) flmb “42 C.F.R. § 488.406 (a). . 42 C.F.R. § 488.”
Cox Retirement Properties, Inc. v. Johnson (2009) ca10 “20 (d), 483.20(k)(l), and 483.20(k)(3)(ii), for the period January 12 through February 13, 2006.”
Ivy Hall Geriatric & Rehabilitation Center, Inc. v. Shalala (1999) mdd “See 42 C.F.R. § 488.406 (b). These remedies are in addition to the automatic suspension of a facility’s NATCEP upon the imposition of an extended survey.”
Show all 24 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.