Page 46

UNOFFICIAL 1737-46 (D) All funds collected as a result of these civil money penalties shall be applied to the protection of the health and property of the residents of the facility; (E) The funds shall be used for: (i) Payment for the cost of relocating residents to other facilities; (ii) State costs related to the maintenance or operation of a facility pending correction of deficiencies or closure; (iii) Reimbursement of residents for personal funds or property lost as a result of actions by the facility or by individuals used by the facility to provide services to residents; and (iv) Other costs related to the health and property of the residents, such as, the cost of having resident medical records sealed, secured, and stored; the cost of picking up and transferring or delivering resident medications or drugs; the cost of using ambulance service; and etc.; (F) The civil money penalty may start accruing as early as the date the facility was first out of compliance, as determined by HCFA or the State. A civil money penalty cannot be collected until a provider requests a hearing. When no hearing is requested, payment of a civil money penalty will be due fifteen days after the time period for requesting a hearing has expired and a hearing request was not received or after the final administrative decision which includes a hearing and review; and (G) A notice of imposition of civil money penalty shall be sent to the facility and shall include the following information: (i) Nature of the noncompliance (regulatory requirements not met); (ii) Statutory basis for the penalty; (iii) Amount of penalty per day of noncompliance;