Section R. 330.11015 - Notice of civil money penalty assessmentRule 11015.
(1) The state medicaid agency shall obtain both of the following from the state survey agency:(a) Notice of the civil money penalty recommended.(b) The specific type of civil money penalty recommendation and applicable number of days recommended.(2) The state medicaid agency shall notify the nursing facility, as provided in 42 C.F.R. §§488.402(f) and 488.434, of all of the following: (a) The total civil money assessment.(b) The nursing facilitys appeal rights.(c) The date and method of collection.(3) A nursing facility may only appeal the existence of a deficiency or the number of days considered to be in violation. The amount of the civil money penalty shall not be subject to appeal.(4) Appeals shall be through the state medicaid agency. To the extent possible, the state medicaid agency shall coordinate the enforcement appeal hearings with any state licensure appeals processes afforded by the state survey agency.(5) Within 30 calendar days of the notice of appeal rights, a nursing facility may elect to waive the right to appeal. The waiver shall be in writing and be received by the state medicaid agency appeals section within 30 days of the notice of appeal rights. Waiver of the right to appeal shall reduce the total civil money penalty amount by 35%.Mich. Admin. Code R. 330.11015