Section 5-6 - Available remedies Remedies are grouped into the following categories pursuant to 42 C.F.R. § 488.408:
(a) Category 1 remedies. - (i) Directed in-service training;
- (ii) Directed plan of correction; and/or
- (iii) The appointment of a state monitor.
(b) Category 2 remedies. - (i) Denial of Medicaid payments for new admissions;
- (ii) Denial of fifty percent of the State share of Medicaid payments for each resident affected by the deficiency(ies);
- (iii) Denial of the Federal share of Medicaid payments for each resident affected by the deficiency(ies); and/or
- (iv) Reimbursement of resident losses.
(c) Category 3 remedies. - (i) Denial of the federal share of Medicaid payments for all Medicaid residents.
- (ii) Denial of fifty percent of the State share of Medicaid payments for all Medicaid residents.
- (iii) Appointment of a temporary manager.
- (iv) Termination of Medicaid provider agreement;
- (v) Transfer of residents with assessment of transfer costs; and/or
- (vi) Closure of facility and transfer of residents with assessment of transfer costs.
(d) A provider shall not report any costs incurred as any part of a remedy as an allowed cost pursuant to Chapter 7.