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. § 488.436

Civil money penalties: Waiver of hearing, reduction of penalty amount

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(a) Constructive waiver of a hearing. A facility is considered to have waived its right to a hearing after 60 days from the date of the notice imposing the civil money penalty if CMS has not received a request for a hearing from the facility.

(b) Reduction of penalty amount. (1) If the facility waives its right to a hearing in accordance with the procedures specified in paragraph (a) of this section, CMS or the State reduces the civil money penalty by 35 percent, as long as the civil money penalty has not also been reduced by 50 percent under § 488.438.

(2) If the facility does not waive its right to a hearing in accordance with the procedures specified in paragraph (a) of this section, the civil money penalty is not reduced by 35 percent.

[59 FR 56243, Nov. 10, 1994; 62 FR 44221, Aug. 20, 1997, as amended at 76 FR 15127, Mar. 18, 2011; 88 FR 53347, Aug. 7, 2023]
Notes of Decisions
Cited in 2 cases, 2003–2006 · leading case: Mimiya Hosp., Inc. SNF v. United States Dep't of Health & Human Servs., 331 F.3d 178 (1st Cir. 2003).
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Mimiya Hosp., Inc. SNF v. United States Dep't of Health & Human Servs., 331 F.3d 178 (1st Cir. 2003). · cites it 3× “Specifically, 42 C.F.R. § 488.436 (b)(1) provides that if a facility waives the right to a hearing within sixty days from the receipt of notice of the initial determination, CMS will automatically reduce the CMP by thirty-five percent.”
Delta Health Grp., Inc. v. United States Dep't of Health & Human Servs., 459 F. Supp. 2d 1207 (N.D. Fla. 2006). “See 42 C.F.R. § 488.436 . If the provider wants a hearing, one must be requested within 60 days from receipt of the CMP notice.”
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