Page:United States Statutes at Large Volume 101 Part 2.djvu/866

 101 STAT. 1330-72

PUBLIC LAW 100-203—DEC. 22, 1987

to section 1861(o) or subsection (a) and determines that the deficiencies involved immediately jeopardize the health and safety of the individuals to whom the agency furnishes items and services, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in subsection (fK2XA)(iii) or terminate the certification of the agency, and may provide, in addition, for 1 or more of the other remedies described in subsection (f)(2)(A). "(2) If the Secretary determines on the basis of a standard, extended, or partial extended survey or otherwise, that a home health agency that is certified for participation under this title is no longer in compliance with the requirements specified in or pursuant to section 1861(o) or subsection (a) and determines that the deficiencies involved do not immediately jeopardize the health and safety of the individuals to whom the agency furnishes items and services, the Secretary may (for a period not to exceed 6 months) impose intermediate sanctions developed pursuant to subsection (f), in lieu of terminating the certification of the agency. If, after such a period of intermediate sanctions, the agency is still no longer in compliance with the requirements specified in or pursuant to section 1861(o) or subsection (a), the Secretary shall terminate the certification of the agency. "(3) If the Secretary determines that a home health agency that is certified for participation under this title is in compliance with the requirements specified in or pursuant to section 1861(o) or subsection (a) but, as of a previous period, did not meet such requirements, the Secretary may provide for a civil money penalty under subsection (f)(2)(A)(i) for the days in which it finds that the agency was not in compliance with such requirements. "(4) The Secretary may continue payments under this title with respect to a home health agency not in compliance with the requirements specified in or pursuant to section 1861(o) or subsection (a) over a period of not longer than 6 months, if— ,. "(A) the State or local survey agency finds that it is more appropriate to take alternative action to assure compliance of the agency with the requirements than to terminate the certification of the agency, "(B) the agency has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action, and "(C) the agency agrees to repay to the Federal Government payments received under this subparagraph if the corrective
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action is not taken in accordance with the approved plan and .,;.. timetable. The Secretary shall establish guidelines for approval of corrective actions requested by home health agencies under this subparagraph. "(fKD The Secretary shall develop and implement, by not later than April 1, 1989— "(A) a range of intermediate sanctions to apply to home health agencies under the conditions described in subsection (e), and "(B) appropriate procedures for appealing determinations relating to the imposition of such sanctions. "(2)(A) The intermediate sanctions developed under paragraph (1) shall include— "(i) civil money penalties for each day of noncompliance,

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