42 C.F.R. § 488.430
Civil money penalties: Basis for imposing penalty
(a) CMS or the State may impose a civil money penalty for the number of days a facility is not in substantial compliance with one or more participation requirements or for each instance that a facility is not in substantial compliance, or both, regardless of whether or not the deficiencies constitute immediate jeopardy. When a survey contains multiple instances of noncompliance, CMS or the State may impose any combination of per instance or per day civil money penalties for each instance of noncompliance within the same survey.
(b) CMS or the State may impose a civil money penalty for the number of days or instances of previously cited noncompliance, including the number of days of immediate jeopardy, since the last three standard surveys.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 2000–2025 · leading case: Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1 (2000).
Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1 (2000). “The Secretary also may impose civil monetary penalties, which accrue for each day of noncompliance, 42 CFR §§ 488.430 , 488.440(b) (1998), and thus quite plainly stand as a calibrated deterrent to the forbearance strategy.”
Sunshine Haven Nursing Operations, LLC v. United States Dep't of Health & Human Servs., Centers for Medicare & Medicaid Servs., 742 F.3d 1239 (10th Cir. 2014). “”); 42 C.F.R. § 488.430 (a) (“CMS or the State may impose a civil money penalty .”
Emerald Shores Health Care Assocs., LLC v. United States Dep't of Health & Human Servs., 545 F.3d 1292 (11th Cir. 2008). “§ 1395i — 3(h)(2)(B)(ii); 42 C.F.R. § 488.430 (a). The maximum penalty is $10,000 per day of noncompliance, with the permissible range depending on the severity of the deficiencies.”
South Valley Health Care Ctr. v. Health Care Fin. Admin., 223 F.3d 1221 (10th Cir. 2000). “See 42 C.F.R. § 488.430 (a); 42 C.F.R. § 488.”
Jewish Home of E. Pennsylvania v. Centers for Medicare & Medicaid Servs., 469 F. App'x 99 (3rd Cir. 2012). “§ 1395i-3(h)(2)(B)(ii); 42 C.F.R. §§ 488.430 et seq. An entity challenging a CMP may appeal to an administrative law judge (“ALJ”) and thence to the Appellate Division of the Departmental Appeals Board (“DAB”).”
Century Care of Crystal Coast v. Leavitt, 281 F. App'x 180 (4th Cir. 2008). “§ 1395i-3(h)(2)(B)(ii); 42 C.F.R. §§ 488.430 , 488.438(a)(l)(I), 488.”
Universal Healthcare/King v. Kathleen Sebelius, 499 F. App'x 299 (4th Cir. 2012). “42 C.F.R. §§ 488.430 , 488.438. Supporting its imposition of a per diem CMP, CMS found that Universal committed violations of 42 C.”
SunBridge Care & Rehab. v. Leavitt, 340 F. App'x 929 (4th Cir. 2009). “§ 1395i-3(h)(2)(B)(ii); 42 C.F.R. §§ 488.430 , 488.438(a). 4 . Though SunBridge's briefing incorporated argument in its lengthy Statement of Facts, we address only those arguments contained in the argument section itself.”
NCRNC, LLC v. Kennedy (N.D.N.Y. 2025). “25 , and in accordance with the provisions of Sections 1819(h) and 1919(h) of the Social Security Act ("SSA") and regulations adopted by HHS at 42 C.F.R. § 488.430 , it advised Plaintiff by letter dated April 28, 2025, that it was imposing a civil monetary penalty in the amount…”
Putnam Ctr. v. HHS (4th Cir. 2019). “See 42 C.F.R. § 488.430 (a). The amount of this per-day fine depends on the severity of the noncompliance, ranging from $50 to $3,000 per day for less serious noncompliance, or $3,050 to $10,000 per day for more serious noncompliance that poses “immediate jeopardy” to the health…”
Anderson v. Dooley (N.D. Cal. 2022). “Health & 5 Safety Code §§ 1423–1425, 1428; see also 42 C.F.R. §§ 488.430 , 488.438. 6 Plaintiffs dispute the relevance of CDPH’s enforcement powers because, as they see it, 7 CDPH enforces “rules regarding transfers and discharges”—not the actual results of a nursing 8 home…”
Azalea Court v. U.S. Dep't of Health & Human Servs., Centers for Medicare & Medicaid Servs., 482 F. App'x 460 (11th Cir. 2012). “” 42 C.F.R. § 488.430 (a). Azalea Court’s noncompli-anee posed an immediate jeopardy, and the per diem monetary penalty properly accounts for each day of noncompliance.”
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.