Ga. Comp. R. & Regs. R. 350-3-.02 - Remedies
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.
Notes
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No prior version found.