Page:United States Statutes at Large Volume 124.djvu/741

 124 STAT. 715 PUBLIC LAW 111–148—MAR. 23, 2010 family councils and other consumer involve- ment in assuring quality care in facilities, and facility improvement initiatives approved by the Secretary (including joint training of facility staff and surveyors, technical assist- ance for facilities implementing quality assur- ance programs, the appointment of temporary management firms, and other activities approved by the Secretary).’’. (2) CONFORMING AMENDMENT.—The second sentence of sec- tion 1819(h)(5) of the Social Security Act (42 U.S.C. 1395i– 3(h)(5)) is amended by inserting ‘‘(ii)(IV),’’ after ‘‘(i),’’. (b) NURSING FACILITIES.— (1) IN GENERAL.—Section 1919(h)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1396r(h)(3)(C)) is amended— (A) by striking ‘‘PENALTIES.—The Secretary’’ and inserting ‘‘PENALTIES.— ‘‘(I) IN GENERAL.—Subject to subclause (II), the Secretary’’; and (B) by adding at the end the following new subclauses: ‘‘(II) REDUCTION OF CIVIL MONEY PENALTIES IN CERTAIN CIRCUMSTANCES.—Subject to subclause (III), in the case where a facility self-reports and promptly corrects a deficiency for which a penalty was imposed under this clause not later than 10 calendar days after the date of such imposition, the Secretary may reduce the amount of the pen- alty imposed by not more than 50 percent. ‘‘(III) PROHIBITIONS ON REDUCTION FOR CER- TAIN DEFICIENCIES.— ‘‘(aa) REPEAT DEFICIENCIES.—The Sec- retary may not reduce the amount of a penalty under subclause (II) if the Secretary had reduced a penalty imposed on the facility in the preceding year under such subclause with respect to a repeat deficiency. ‘‘(bb) CERTAIN OTHER DEFICIENCIES.—The Secretary may not reduce the amount of a penalty under subclause (II) if the penalty is imposed on the facility for a deficiency that is found to result in a pattern of harm or widespread harm, immediately jeopardizes the health or safety of a resident or residents of the facility, or results in the death of a resi- dent of the facility. ‘‘(IV) COLLECTION OF CIVIL MONEY PEN- ALTIES.—In the case of a civil money penalty imposed under this clause, the Secretary shall issue regulations that— ‘‘(aa) subject to item (cc), not later than 30 days after the imposition of the penalty, provide for the facility to have the opportunity to participate in an independent informal dis- pute resolution process which generates a written record prior to the collection of such penalty; Deadline. Regulations. Deadline.