Page 26

126–830. Assessment of Sanctions. The Administrator, or his designee, of the State Medicaid Agency may impose penalties in accordance with Section 126–840, Schedule of Sanctions of these regulations. Civil monetary penalties under each class shall be assessed based on an amount per bed with the maximum monetary penalties adjusted based on the number of beds in the facility. The ceiling for maximum penalties shall be based on a facility size of 300 beds. Repeat deficiencies, identified from a previous annual standard survey, may be assessed at double the scheduled amount. Recurring deficiencies identified from previous annual standard survey, may be assessed monetary penalties at one and one half times the scheduled amount. Monetary penalties levied after the first and subsequent survey revisits shall be assessed from the date indicated in the schedule of sanctions until the earlier of the next survey revisit or a credible certified notice of correction from the facility that deficiencies due to be corrected in accordance with the last date in a credible allegation or an accepted plan of correction have been corrected as of the date of the certified letter. Credibility shall be validated upon the Survey Agency revisit and penalties shall cease for corrected deficiencies or be escalated to the next level for uncorrected deficiencies from the date of the certified letter. HISTORY: Amended by SCSR42–5 Doc. No. 4746, eff May 25, 2018. 126–840. Schedule of Sanctions. CLASS I DEFICIENCY: A. Violation of requirements which present an indirect relationship to resident health, safety or welfare, and which does not create a substantial and/or immediate risk to health and safety. B. Remedies/Sanctions: 1. Deny payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when the facility has failed to correct deficiencies within this class within 90 days of the annual standard survey exit date. 2. Assess and collect monetary penalties up to $500 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit. 3. Assess and collect monetary penalties up to $990 per day retroactive to the exit date of the first survey revisit for deficiencies in this class which remain uncorrected at the time of a second survey revisit. 4. Assess and collect monetary penalties up to $1485 per day retroactive to the exit date of the second survey revisit for deficiencies which remain uncorrected at the time of the third survey revisit. 5. Deny payment under the Medicaid program 30 days from decertification date imposed by the State Survey Agency. CLASS II DEFICIENCY: A. Violation of requirements which presents a direct relationship to the health, safety or welfare, of residents but which does not create a substantial and/or immediate risk to health and safety. B. Remedies/Sanctions: 1. Deny payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when the facility has failed to correct deficiencies within this class within 90 days of the annual standard survey exit date. 2. Assess and collect monetary penalties up to $750 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit.