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(c) The appeal and hearing provisions of chapter 17-1736 shall apply. [Eff 08/01/94 ] (Auth: HRS §346-14; 42 C.F.R. §431.10) (Imp: 42 C.F.R. §§431.152, 431.202)

§17-1737-39 Sharing of federal financial participation payment penalty assessment. (a) The department shall allocate to the provider any or all federal financial participation payment penalties which are assessed the department by the Health Care Financing Administration of the Department of Health and Human Services for provider's failure to meet the utilization control requirements in accordance with the provisions of sections 17-1737-34 and 17-1737-35.

(b) The amount shall be determined by a committee composed of representatives from the department and other interested private and public agencies.

(c) The appeal and hearing provisions of chapter 17-1736 shall apply. [Eff 08/01/94 ] (Auth: HRS §346-14; 42 C.F.R. §431.10) (Imp: 42 C.F.R. §§431.152, 431.202)

§17-1737-40 Remedies for nursing facilities that do not meet the requirements for participation. (a) The department shall impose one or more of the following remedies when a nursing facility does not meet one or more of the requirements of participation and its deficiencies constitute immediate jeopardy or widespread actual harm that does not constitute immediate jeopardy to the health and safety of its residents: (1) Remove the jeopardy and appoint temporary management to oversee correction of the deficiencies and assure the health and safety of the facility's residents while corrections are being made to bring the facility into compliance with all of the requirements of participation, or to oversee orderly closure of a facility. (A) Temporary management shall be state personnel, private individuals, or a team with education and requisite work experience in nursing home administration that qualifies the