Page 45

UNOFFICIAL 1737-45 reassumes management control before it has achieved substantial compliance, in which case the facility faces termination; (2) Assess civil money penalty, with interest, and impose civil money penalty for the number of days that a facility is not in substantial compliance with one or more participation requirements, regardless of whether or not the deficiencies constitute immediate jeopardy and for the number of days of past noncompliance since the last standard survey, including the number of days of immediate jeopardy. (A) Civil money penalties may be imposed as a remedy for past noncompliance that is corrected at the time of the current survey. Situations for consideration of a civil money penalty may include, but may not be limited to, facilities that cannot consistently sustain substantial compliance with the requirements as noted in the facility-specified reports, substantiated complaints, or situations which indicate that the facility did not act to prevent a situation of noncompliance from occurring; (B) The amount of the civil money penalty shall be on the lower range of $50 to $3,000 per day or on the upper range of $3,050 to $10,000 per day. A civil money penalty shall not be less than $50; (C) Factors to be considered in determining the amount of the civil money penalty are: (i) The facility's history of noncompliance, including repeated deficiencies; (ii) The facility's financial condition; (iii) Seriousness and scope of the deficiencies; (iv) Likelihood that the civil money penalty will achieve correction and continued compliance; (v) The facility's degree of culpability; and (vi) Any other remedies being imposed in addition to the civil money penalty;