Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-3 - SANCTIONS FOR NURSING FACILITIES › Rule 350-3-.02 - Remedies

Current through Rules and Regulations filed through June 27, 2024
If the Department finds that a facility does not or did not
				meet a Program Requirement governing nursing facilities, it may impose the
				following remedies, independently or in conjunction with others, subject to the
				provisions of this Chapter for notice and appeal.
(a) Termination of the facility's participation.
(b) Denial of Medicaid payments for services rendered by the
				facility to any recipient admitted to the facility after notice to the
				facility. This remedy shall remain in effect until the Department determines
				that the facility has achieved substantial compliance with all Program
				Requirements, or until another remedy is substituted for it. A facility subject
				to this remedy may request termination of the remedy on the ground that it has
				achieved substantial compliance with program requirements. The Department shall
				respond to the request by terminating the remedy, requesting additional
				information if documentation of substantial compliance is considered
				insufficient, or conducting a resurvey within twenty (20) days of receipt of
				the request. This remedy shall not be imposed with respect to temporarily
				hospitalized recipients previously residing in a facility placed on such notice
				who return to the facility after the date of notice, or with respect to
				residents who become Medicaid eligible after the date of notice and who resided
				in the facility prior to the date of notice.
(c) Civil monetary penalties, as specified in Section .04. When
				penalties are imposed on a facility, such penalties shall be assessed and
				collected for each day in which the facility is or was out of compliance with a
				Program Requirement. Interest on each penalty shall be assessed and paid as
				specified in Section .04. For individuals, such penalties shall be assessed for
				each infraction, as described in Section .04(g).
(d) Temporary management as specified in Section .05, to
				oversee operation of the facility and to assure the health and safety of the
				facility's residents while there is an orderly closure of facility or while
				improvements are made in order to bring the facility into compliance with all
				Program Requirements.
(e) Closure of the facility and/or transfer of recipients to
				another facility, in the case of an emergency as described in Section
				 .03(e).
(f) Plan of Correction, to be drafted by the facility and
				submitted within a specified time to the Department. Each proposed Plan shall
				delineate the time and manner in which each deficiency is to be corrected. The
				Department shall review the proposed Plan and accept or reject the Plan by
				notice to the facility.
(g) Ban on admission of persons with certain diagnoses or
				requiring specialized care who are covered by or eligible for Medicare or
				Medicaid. Such bans may be imposed for all such prospective residents, and
				shall prevent the facility from admitting the kinds of residents it has shown
				an inability to care for adequately as documented by deficiencies.
(h) Ban on all Medicare and Medicaid admissions to the facility
				or to any part thereof. Such bans shall remain in effect until the Department
				determines that the facility has achieved substantial compliance with all
				Program Requirements, or until another remedy is substituted for it. A facility
				may request termination of this remedy in the manner described in (b) above.
				This remedy shall not be imposed with respect to temporarily hospitalized
				residents previously residing in a facility placed on such notice who return to
				the facility after the date of notice, or with respect to residents who become
				Medicaid eligible and who resided in the facility prior to the date of
				notice.
Ga. L. 1977, pp. 384,
				387; O.C.G.A. Sec.  49-4-142(a).