Section 488.430 - Civil money penalties: Basis for imposing penalty(a) CMS or the State may impose a civil money penalty for either the number of days a facility is not in substantial compliance with one or more participation requirements or for each instance that a facility is not in substantial compliance, regardless of whether or not the deficiencies constitute immediate jeopardy.(b) CMS or the State may impose a civil money penalty for the number of days of past noncompliance since the last standard survey, including the number of days of immediate jeopardy.59 FR 56243, Nov. 10, 1994, as amended at 64 FR 13360, Mar. 18, 1999