retary may continue payments under this title with 
respect to a hospice program not in compliance with 
the requirements specified in section 1861(dd) 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 program with 
such requirements than to terminate the certifi-
cation of the program; 
‘‘(B) the program has submitted a plan 
and timetable for corrective action to the Sec-
retary for approval and the Secretary approves 
the plan of corrective action; and 
‘‘(C) the program agrees to repay to the 
Federal Government payments received under 
this title during such period if the corrective ac-
tion is not taken in accordance with the ap-
proved plan and timetable. 
The Secretary shall establish guidelines for approval 
of corrective actions requested by hospice programs 
under this paragraph. 
‘‘(5) REMEDIES.— 
‘‘(A) DEVELOPMENT.—
‘‘(i) IN GENERAL.—Not later than Oc-
tober 1, 2021, the Secretary shall develop 
and implement— 
‘‘(I) a range of remedies to apply 
to hospice programs under the condi-
tions described in paragraphs (1) 
through (4); and 
‘‘(II) appropriate procedures for 
appealing determinations relating to 
the imposition of such remedies. 
Remedies developed pursuant to the pre-
ceding sentence shall include the remedies 
specified in subparagraph (B). 
‘‘(ii) CONDITIONS OF IMPOSITION OF 
REMEDIES.—Not later than October 1, 
2021, the Secretary shall develop and im-
plement specific procedures with respect to 
the conditions under which each of the 
remedies developed under clause (i) is to 
be applied, including the amount of any 
fines and the severity of each of these rem-
edies. Such procedures shall be designed so 
as to minimize the time between identifica-
tion of deficiencies and imposition of these 
remedies and shall provide for the imposi-
tion of incrementally more severe fines for 
repeated or uncorrected deficiencies. 
‘‘(B) SPECIFIED
REMEDIES.—The rem-
edies specified in this subparagraph are the fol-
lowing: 
‘‘(i) Civil monetary penalties in an 
amount not to exceed $10,000 for each day 
of noncompliance by a hospice program 
with the requirements specified in section 
1861(dd). 
‘‘(ii) Suspension of all or part of the 
payments to which a hospice program 
would otherwise be entitled under this title 
with respect to items and services fur-
nished by a hospice program on or after 
the date on which the Secretary determines 
that remedies should be imposed pursuant 
to paragraph (2). 
‘‘(iii) The appointment of temporary 
management to oversee the operation of 
the hospice program and to protect and as-
sure the health and safety of the individ-
uals under the care of the program while 
improvements are made in order to bring
the program into compliance with all such 
requirements. 
‘‘(C) PROCEDURES.— 
‘‘(i) CIVIL MONETARY PENALTIES.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), the provisions of sec-
tion 1128A (other than subsections 
(a) and (b)) shall apply to a civil mon-
etary penalty under this subsection in 
the same manner as such provisions 
apply to a penalty or proceeding 
under section 1128A(a). 
‘‘(II) RETENTION
OF
AMOUNTS 
FOR
HOSPICE
PROGRAM
IMPROVE-
MENTS.—The Secretary may provide 
that any portion of civil monetary 
penalties collected under this sub-
section may be used to support activi-
ties that benefit individuals receiving 
hospice care, including education and 
training programs to ensure hospice 
program compliance with the require-
ments of section 1861(dd). 
‘‘(ii) SUSPENSION
OF
PAYMENT.—A 
finding to suspend payment under sub-
paragraph (B)(ii) shall terminate when the 
Secretary finds that the program is in sub-
stantial compliance with all such require-
ments. 
‘‘(iii) TEMPORARY
MANAGEMENT.— 
The temporary management under sub-
paragraph (B)(iii) shall not be terminated 
until the Secretary has determined that the 
program has the management capability to 
ensure continued compliance with all the 
requirements referred to in such subpara-
graph. 
‘‘(D) RELATIONSHIP
TO
OTHER
REM-
EDIES.—The remedies developed under sub-
paragraph (A) are in addition to sanctions oth-
erwise available under State or Federal law and 
shall not be construed as limiting other rem-
edies, including any remedy available to an indi-
vidual at common law.’’. 
(2) AVAILABILITY OF HOSPICE ACCREDITATION 
SURVEYS.—Section 1865(b) of the Social Security 
Act (42 U.S.C. 1395bb(b)) is amended by inserting 
‘‘or, beginning on the date of the enactment of the 
BENES Act of 2020, a hospice program’’ after 
‘‘home health agency’’.