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I. Nursing Facility means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more non-related persons over a period exceeding twenty-four hours, which is operated either in connection with a hospital or as a free standing facility for the express or implied purpose of providing nursing care for persons who are not in need of hospital care, and in which all nursing care is prescribed by or performed under the direction of persons currently licensed to practice medicine in the State of South Carolina. Nursing care consists of nursing services requiring knowledge, judgment, and skill in caring for the sick. J. Recurring Deficiency means a deficiency, cited by the State Survey Agency during a current survey, that has the exact same tag number but a different reason from the one cited during the previous survey. K. Repeat Deficiency means a deficiency, cited by the State Survey Agency during a current survey, that has the exact same tag number as cited for the exact same reason in a previous survey. L. Requirements of Participation means the requirements a nursing facility must meet in order to receive payment under the state’s Medicaid program. M. Substantial Risk to Health and Safety of Residents means conditions exist which over time if not corrected, will likely result in harm or injury to patients. N. State Medicaid Agency means Department of Health and Human Services (SCDHHS). O. State Survey Agency means the Department of Health and Environmental Control (DHEC). P. Tag Number means a reference number which identifies a particular Code of Federal Regula- tion regulatory statement. Q. Temporary Management/Receivership means the appointment of a substitute manager or administrator, with powers, as enumerated in the statute, by the court. HISTORY: Amended by SCSR42–5 Doc. No. 4746, eff May 25, 2018. 126–810. Imposition of Sanctions. The Administrator, or his designee, of the State Medicaid Agency may apply one or more of the following sanctions against a Medicaid nursing facility which has failed to correct deficiencies or make acceptable progress toward correction of deficiencies. 1. Deny payment for all individuals under the Medicaid program. 2. Deny payment for new admissions under the Medicaid program. 3. Assess and collect monetary penalties in accordance with Sections 126–830 and 126–850 of these regulations. 4. Seek court appointment of temporary management. 5. Transfer of residents. 6. Closure of a facility and transfer of residents. HISTORY: Amended by SCSR42–5 Doc. No. 4746, eff May 25, 2018. 126–820. Factors for Sanctions. The factors to be considered in determining sanctions shall include, but are not limited to, the following: A. Seriousness of the deficiencies involves a determination of whether the deficiencies have a direct or indirect relationship to resident health, safety, and welfare and whether the deficiencies create conditions which present substantial threat or immediate jeopardy to the health and safety of residents. B. Extent of deficiencies involves a determination of the number of requirements violated within a major category of requirements of participation in the Medicaid program and whether the number of patients potentially impacted is isolated, moderate, or widespread. C. History of prior deficiencies involves a determination of whether the nursing facility has repeat or recurring deficiencies from a previous annual standard survey.