Section R432-150-29 - Alternative Sanctions for Nursing Facilities(1) This section applies in addition to the requirements of Rule R380-600 for certified nursing facility licensees participating in the Centers for Medicare and Medicaid (CMS) program and establishes criteria for the imposition of sanctions authorized by statute.(2)(a) As the sole agency of the state authorized to act as the health care facilities certification agency under Section 26B-2-217, the department shall conduct on-site inspections of nursing facilities to determine compliance with federal nursing home requirements found in 42 CFR 488 (2023).(b) When the department finds that a nursing facility licensee is out of compliance with requirements of participation in the CMS program, the department may recommend to CMS the imposition of sanctions, including federal civil money penalties (CMP).(3)(a) For a CMS certified nursing facility licensee, the department has authority to apply the sanctions defined in the federal Omnibus Budget Reconciliation Act (OBRA) of 1987 (P.L. 100-203) and Sections 1819(h) and 1919(h) of the Social Security Act.(b) The department may recommend termination from the Medicare or Medicaid program if a nursing facility licensee is found in chronic noncompliance with CMS participation requirements.(4) In accordance with 42 CFR 488 (2023), the department may recommend any of the following sanctions: (a) temporary management;(b) denial of payment for new admissions;(c) transfer of residents;(d) closure of the facility and transfer of residents;(e) directed plan of correction;(f) directed in-service training;(g) state monitoring; and(h) civil money penalties for: (i) the number of days a facility is out of compliance with one or more participation requirements; or(ii) each instance that a facility is not in substantial compliance in accordance with 42 CFR 488 (2023).(5)(a) The department shall assess interest on the unpaid balance of any CMP issued and collected by the department on behalf of CMS, beginning on the due date.(b) The interest rate charged is the average of the bond equivalent of the federal standard as outlined in 42 CFR 488 (2023) during the period when interest is charged.(6) The department shall apply CMPs collected under this section in accordance with Sections 1819 and 1919 of the Social Security Act to the protection of the health and property of residents.Utah Admin. Code R432-150-29
Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023