Page:United States Statutes at Large Volume 101 Part 2.djvu/1010

 101 STAT. 1330-216

PUBLIC LAW 100-203—DEC. 22, 1987

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for purposes of section 1903(a)(7), to be necessary for the proper and efficient administration of the State plan. "(F) INCENTIVES FOR HIGH QUAUTY CARE.—In addition to

the remedies specified in this paragraph, a State may establish a program to reward, through public recognition, incentive payments, or both, nursing facilities that provide the highest quality care to residents who are entitled to medical assistance under this title. For purposes of section 1903(a)(7), proper expenses incurred by a State in carrying out such a program shall be considered to be expenses necessary for the proper and efficient administration of the State plan under this title. "(3) SECRETARIAL AUTHORITY.— "(A) FOR STATE NURSING FACILITIES.—With respect to a

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State nursing facility, the Secretary shall have the authority and duties of a State under this subsection, including the authority to impose remedies described in clauses (i), (ii), and (iii) of paragraph (2)( A). "(B) OTHER NURSING FACILITIES.—With respect to any

other nursing facility in a State, if the Secretary finds that a nursing facility no longer meets a requirement of subseci tion (b), (c), (d), or (e), and further finds that the facility's deficiencies— "(i) immediately jeopardize the health or safety of its residents, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in subparagraph (C)(iii), or terminate the facility's participation under the State plan and may provide, in addition, for one or more of the other remedies described in subparagraph (C); or "(ii) do not immediately jeopardize the health or J safety of its residents, the Secretary may impose any of the remedies described in subparagraph (C). Nothing in this subparagraph shall be construed as restricting the remedies available to the Secretary to remedy a nursing facility's deficiencies. If the Secretary finds that a nursing facility meets such requirements but, as of a previous period, did not meet such requirements, the Secretary 5 may provide for a civil money penalty under subparagraph (C)(ii) for the days on which he finds that the facility was not in compliance with such requirements. "(C) SPECIFIED REMEDIES.—The Secretary may take the following actions with respect to a finding that a facility has not met an applicable requirement: "(i) DENIAL OF PAYMENT.—The Secretary may deny ' '"•;,,':•• any further payments to the State for medical assistance furnished by the facility to all individuals in the facility or to individuals admitted to the facility after the effective date of the finding. "(ii) AUTHORITY WITH RESPECT TO CIVIL MONEY PEN-

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ALTiES.—The Secretary may impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance and the Secretary shall impose and collect such a penalty in the same manner as civil money penalties are imposed and collected under section 1128A. „,, „....,

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