Increased civil money penalties for nursing home violations
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.
Filed under: Nursing homes, Providers |
Tags: health reform, healthcare reform, house bill