§488.434. Civil money penalties: Notice of penalty.
42 C.F.R. § 488.434
CMS notice of penalty.
CMS sends a written notice of the penalty to the facility for all facilities except non-State operated NFs when the State is imposing the penalty.
Content of notice. The notice that CMS sends includes—
The nature of the noncompliance;
The statutory basis for the penalty;
Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;
Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty;
The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;
When the penalty stops accruing, if applicable;
When the penalty is collected; and
Instructions for responding to the notice, including a statement of the facility's right to a hearing, and the implication of waiving a hearing, as provided in § 488.436.
State notice of penalty.
The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action.
The State's notice must—
Be in writing; and
Include, at a minimum, the information specified in paragraph (a)(2) of this section.
Notes, amendments, and revision history
Amendments
[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 64 FR 13360, Mar. 18, 1999; 89 FR 64163, Aug. 6, 2024]
Source
Source: 59 FR 56243, Nov. 10, 1994, unless otherwise noted.
Authority
Authority: 42 U.S.C 1302 and 1395hh.
Source
Source: 53 FR 22859, June 17, 1988, unless otherwise noted.
Amendments
[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 64 FR 13360, Mar. 18, 1999; 89 FR 64163, Aug. 6, 2024]