42 C.F.R. § 488.434

Civil money penalties: Notice of penalty

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

(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.

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 64 FR 13360, Mar. 18, 1999; 89 FR 64163, Aug. 6, 2024]

Notes of Decisions

Cited in 6 cases, 2003–2012 · leading case: Mimiya Hosp., Inc. SNF v. United States Dep't of Health & Human Servs., 331 F.3d 178 (1st Cir. 2003).

Sort: Relevance Newest Treatment

Mimiya Hosp., Inc. SNF v. United States Dep't of Health & Human Servs., 331 F.3d 178 (1st Cir. 2003). “42 C.F.R. § 488.434 (a)(2)(viii). Specifically, 42 C.”

Bp Care, Inc. v. Tommy Thompson, Sec'y, United States Dep't of Health & Human Servs. Dep't of Health & Human Servs., 398 F.3d 503 (6th Cir. 2005). “42 C.F.R. §§ 488.434 , 488.436 (2004). On April 30, 1999, Barbara Parke responded to the notice by challenging the validity of each charge and demanding a hearing before an administrative law judge (“ALJ”).”

Greenbrier Nursing & Rehab. Ctr. v. U.S. Dep't of Health & Human Servs., Centers for Medicare & Medicaid Servs., 686 F.3d 521 (8th Cir. 2012). “42 C.F.R. § 488.434 . Greenbrier says the agency never notified the facility that the monetary penalties would be based on all three instances of noncompliance, rather than the breach of § 483.”

BP Care, Inc. v. Thompson, 337 F. Supp. 2d 1021 (S.D. Ohio 2003). “” 42 C.F.R. § 488.434 (a)(1), (2)(i), (ii), and (viii).”

Delta Health Grp., Inc. v. United States Dep't of Health & Human Servs., 459 F. Supp. 2d 1207 (N.D. Fla. 2006). · cites it 2× “See 42 C.F.R. § 488.434 (a). The notice must include, inter alia, a description of the alleged noncompliance, the statutory basis for the penalty, the amount and nature of the penalty, and instructions for responding to the notice letter, including a statement of the provider’s…”

BP Care, Inc. v. Thompson (6th Cir. 2005). · cites it 2× “42 C.F.R. §§ 488.434 , 488.436 (2004). On April 30, 1999, Barbara Parke responded to the notice by challenging the validity of each charge and demanding a hearing before an administrative law judge (“ALJ”).”

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.