[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR488.303]



[Page 919-920]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 488_SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES--Table of 

 

     Subpart E_Survey and Certification of Long-Term Care Facilities

 

Sec.  488.303  State plan requirement.



    (a) A State plan must provide that the requirements of this subpart 

and subpart F of this part are met, to the extent that those 

requirements apply to the Medicaid program.

    (b) A State may establish a program to reward, through public 

recognition, incentive payments, or both, nursing facilities that 

provide the highest quality care to Medicaid residents. For purposes of 

section 1903(a)(7) of the Social Security Act, proper expenses incurred 

by a State in carrying out such a program are considered to be expenses 

necessary for the proper and efficient administration of the State plan.

    (c) A State must conduct periodic educational programs for the staff 

and residents (and their representatives) of NFs in order to present 

current regulations, procedures, and policies under this subpart and 

subpart F of this part.

    (d) Required remedies for a non-State operated NF. A State must 

establish, in addition to termination of the provider agreement, the 

following remedies or an approved alternative to the following remedies 

for imposition against a non-State operated NF:

    (1) Temporary management.

    (2) Denial of payment for new admissions.

    (3) Civil money penalties.

    (4) Transfer of residents.

    (5) Closure of the facility and transfer of residents.

    (6) State monitoring.



[[Page 920]]



    (e) Optional remedies for a non-State operated NF. A State may 

establish the following remedies for imposition against a non-State 

operated NF:

    (1) Directed plan of correction.

    (2) Directed in-service training.

    (3) Alternative or additional State remedies.

    (f) Alternative or additional State remedies. If a State uses 

remedies that are in addition to those specified in paragraph (d) or (e) 

of this section, or alternative to those specified in paragraph (d) of 

this section (other than termination of participation), it must--

    (1) Specify those remedies in the State plan; and

    (2) Demonstrate to CMS's satisfaction that those alternative 

remedies are as effective in deterring noncompliance and correcting 

deficiencies as the remedies listed in paragraphs (d) and (e) of this 

section.



[59 FR 56238, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]