Page 47
UNOFFICIAL 1737-47 (iv) Factors that were considered in determining the amount of the penalty; (v) Date on which the penalty begins to accrue; (vi) Statement that the penalty will stop accruing on the date on which that facility comes into substantial compliance or is terminated from participation in the program; (vii) When the penalty shall be collected; and (viii) Statement of the facility's right to a hearing and information regarding how to request a hearing, implications of waiving the right to a hearing, and information regarding how to waive the right to a hearing; (3) Close the nursing facility or transfer the residents to other facilities or both, to minimize the period of time during which residents are receiving less than adequate care. (A) A finding of immediate jeopardy will not require the State to close a facility and transfer residents. It may result in the immediate termination of provider agreement and the subsequent transfer of residents; (B) During an emergency which relates to the facility's gross inability to provide care and related services because of fire, natural disaster, epidemic, or other conditions endangering the health and safety of the residents, the State may permanently or temporarily transfer residents to another facility until the original facility is again able to care for its residents; and (C) Transfer requirements shall apply to only Medicare and Medicaid residents and not to private pay residents; (4) Terminate the nursing facility's Medicaid participation. (A) When there is immediate jeopardy to residents' health and safety, termination procedures shall be completed within twenty-three days from