Section 33-07-05-06 - Scope of sanctions The following sanctions may be imposed upon a finding that a nursing facility no longer meets the requirements of 42 U.S.C. 1396 r(b), (c), or (d) or the requirements of North Dakota Century Code section 23-16-01:
1. Preparation, by the facility, of a directed plan of correction which is subject to approval of the department. 2. Mandatory attendance at provider information sessions. 3. Recommendation to the state medicaid agency to implement one hundred percent review of the facility's claims prior to payment. 4. Recommendation for denial of payment with respect to any individual admitted to the nursing facility after receipt of the order. Denial of payment may not provide a basis for discharge or transfer of the individual. 5. A ban on the admission of residents, except those who were temporarily absent from the facility on hospital or therapeutic leave on the date of receipt of the order or thereafter. 6. Recommendation of denial of payment for any service furnished after receipt of the order. Denial of payment may not provide a basis for discharge, transfer, or denial of service to a resident of the facility. 7. A civil money penalty, not exceeding one hundred fifty dollars per licensed facility bed, assessed, with interest at the legal rate, up to a maximum of ten thousand dollars, for each day the violation existed or continues to exist. 8. The appointment of a receiver to oversee the operation of the facility and to assure the health and safety of the facility's residents, where there is a need for temporary management while: a. There is an orderly closure of the facility; or b. Improvements are made in order to bring the facility into compliance with the requirements of the 42 U.S.C. 1396 r(b), (c), and (d) and North Dakota Century Code section 23-16-01 9. In the case of an emergency closure of the facility or transfer of facility residents to other facilities, or both. N.D. Admin Code 33-07-05-06
Effective January 1, 1993.General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-16-01, 23-16-11