---
kind: "section"
citation: "42 C.F.R. § 488.810"
title: "42"
number: "488.810"
heading: "General provisions."
url: "https://uscodex.org/cfr/42/488.810"
---

# §488.810. General provisions.

- (a) **Purpose of sanctions.** The purpose of sanctions is to ensure prompt compliance with program requirements in order to protect the health and safety of individuals under the care of an HHA.
- (b) **Basis for imposition of sanctions.** When CMS chooses to apply one or more sanctions specified in [§ 488.820](/cfr/42/488.820.md), the sanctions are applied on the basis of noncompliance with one or more conditions of participation found through a survey and may be based on failure to correct previous deficiency findings as evidenced by repeat deficiencies.
- (c) **Number of sanctions.** CMS may apply one or more sanctions for each deficiency constituting noncompliance or for all deficiencies constituting noncompliance.
- (d) **Extent of sanctions imposed.** When CMS imposes a sanction, the sanction applies to the parent HHA and its respective branch offices.
- (e) **Plan of correction requirement.** Regardless of which sanction is applied, a non-compliant HHA must submit a plan of correction for approval by CMS.
- (f) **Notification requirements—**
  - (1) **Notice.** CMS provides written notification to the HHA of the intent to impose the sanction.
  - (2) **Date of enforcement action.** The notice periods specified in [§ 488.825(b)](/cfr/42/488.825.md?p=b) and [§ 488.830(b)](/cfr/42/488.830.md?p=b) begin the day after the HHA receives the notice.
- (g) **Appeals.**
  - (1) The provisions of [part 498](/cfr/42/part498.md) of this chapter apply when the HHA requests a hearing on a determination of noncompliance leading to the imposition of a sanction, including termination of the provider agreement.
  - (2) A pending hearing does not delay the effective date of a sanction, including termination, against an HHA. Sanctions continue to be in effect regardless of the timing of any appeals proceedings.

## Notes

### Source

Source: 77 FR 67165, Nov. 8, 2012, unless otherwise noted.

### Authority

Authority: 42 U.S.C 1302 and 1395hh.

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.