[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Page 44221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22036]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 488

[HSQ-156-CN]
RIN 0938-


Medicare and Medicaid Programs; Survey, Certification and 
Enforcement of Skilled Nursing Facilities and Nursing Facilities

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Correcting amendment.

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SUMMARY: In the November 10, 1994 issue of the Federal Register (FR 
Doc. 94-27703) (59 FR 56116), we established rules for survey of 
skilled nursing facilities that participate in the Medicare program, 
and nursing facilities that participate in the Medicaid program. We 
also established remedies that we impose on facilities that do not 
comply with Federal participation requirements, as alternatives to 
program termination. This amendment corrects an error in that document.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT:
Kathy Lochary, (410) 786-6770.

SUPPLEMENTARY INFORMATION:

Background

    On November 10, 1994, we published in the Federal Register, at 59 
FR 56116, a final rule that established significant revisions to the 
process we use to survey skilled nursing facilities that participate in 
the Medicare program, and nursing facilities that participate in the 
Medicaid program. The rule also established, as alternatives to, or in 
addition to, termination, remedies that we impose on facilities that do 
not comply with the Federal participation requirements.
    On September 28, 1995, we published in the Federal Register, at 60 
FR 50115, a correction notice that made many corrections to the final 
rule. One of those corrections was to Sec. 488.434(a)(1).

Need for Additional Correction

    Sections 488.434(a)(1) and 488.436(a) both refer to a HCFA civil 
money penalty written notice. When we corrected an inadvertent error in 
terminology in Sec. 488.434(a)(1), we failed to make a corresponding 
change in terminology in Sec. 488.436(a). We are now making that 
correction to Sec. 488.436(a) by removing the words ``of intent to 
impose'' from the phrase ``notice of intent to impose the civil money 
penalty'' and adding the word ``imposing'' to the phrase. Therefore, 
the phrase ``notice of intent to impose the civil money penalty'' is 
corrected to read ``notice imposing the civil money penalty.''

List of Subjects in 42 CFR Part 488

    Health facilities, Medicare, Reporting and recordkeeping 
requirements.

    Accordingly, 42 CFR Part 488 is corrected by making the following 
correcting amendment:

PART 488--SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES

    1. The authority citation for part 488 continues to read as 
follows:

    Authority: Secs. 1102 and 1871 of the Social Security Act (42 
U.S.C. 1302 and 1895hh).


Sec. 488.436  [Corrected]

    2. In Sec. 488.436 paragraph (a), the phrase ``notice of intent to 
impose the civil money penalty'' is corrected to read ``notice imposing 
the civil money penalty''.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program; and Program No. 93.774, Medicare--Supplementary 
Medical Insurance Program)

    Dated: August 11, 1997.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 97-22036 Filed 8-19-97; 8:45 am]
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