Increased civil money penalties for nursing home violations

20Dec09

Current law provides that the federal government can impose civil money penalties on a nursing home found to have violated various quality, safety or operational standards.  The House bill would replace the existing penalties of up to $10,000 per day with a sliding scale for per-day violations, as follows –

  • Where there is a finding of actual harm or immediate jeopardy, $3,050 to $25,000.
  • For all other deficiencies, $250 to $3,050.

In addition, the bill would create a new “per instance” penalty, as follows –

  • Where the deficiency is found to be a direct proximate cause of death of a resident, up to $100,000.
  • For each instance for which the facility is cited for actual harm or immediate jeopardy, $3,050 to $25,000.
  • For any other deficiency, $250 to $3,050.

The Senate bill does not include these increased penalties.  However, both bills provide that, where the facility self-reports a deficiency and corrects it within 10 days, the Secretary may reduce the penalty by up to 50%, subject to certain restrictions.

Both bills also contains procedural provisions on collection of the penalty and use of the proceeds.



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