---
kind: "section"
citation: "42 C.F.R. § 488.434"
title: "42"
number: "488.434"
heading: "Civil money penalties: Notice of penalty."
url: "https://uscodex.org/cfr/42/488.434"
---

# §488.434. Civil money penalties: Notice of penalty.

- (a) **CMS notice of penalty.**
  - (1) 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.
  - (2) **Content of notice.** The notice that CMS sends includes—
    - (i) The nature of the noncompliance;
    - (ii) The statutory basis for the penalty;
    - (iii) Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;
    - (iv) Any factors specified in [§ 488.438(f)](/cfr/42/488.438.md?p=f) that were considered when determining the amount of the penalty;
    - (v) The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;
    - (vi) When the penalty stops accruing, if applicable;
    - (vii) When the penalty is collected; and
    - (viii) 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](/cfr/42/488.436.md).
- (b) **State notice of penalty.**
  - (1) The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action.
  - (2) **The State's notice must—**
    - (i) Be in writing; and
    - (ii) **Include, at a minimum, the information specified in paragraph (a)(2) of this section.**

## Notes

### 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]