Section 33-07-05-05 - Imposition of sanctions1. The department may implement sanctions based on a determination that a nursing facility no longer meets the requirements of 42 U.S.C. 1396 r(b), (c), or (d), or of rules or regulations adopted to implement those requirements, including licensure requirements. The determination of appropriate sanctions must be at the discretion of the department. The appointment of a receiver must be as provided in North Dakota Century Code chapter 23-16.1. The department shall provide for the imposition of incrementally more severe sanctions for the violations that are repeated, uncorrected, pervasive, or present a threat to the health, safety, or welfare of the residents. When a determination is made that a civil money penalty will be imposed, the amount of the penalty will be based on recommendations made to the department by a committee composed of a representative from medical services, a representative from aging services, and a representative from health facilities. 2. The following factors must be considered in determining the sanctions to be imposed: a. Seriousness of the violation; b. Extent of the violation; c. History of prior violations; d. Prior imposition of sanctions; e. Prior provision of provider information and training; f. Willingness of facility management to adhere to program rules; g. Agreement to make restitution to residents, the medical assistance program, or other third-party payors; and h. Actions taken or recommended by licensing boards. 3. A sanction, once imposed, must continue until the facility has demonstrated to the department that the conditions or circumstances giving rise to the sanction have been corrected. N.D. Admin Code 33-07-05-05
Effective January 1, 1993.General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-16-01, 23-16-11