488.406—Available remedies.
(a) General.
In addition to the remedy of termination of the provider agreement, the following remedies are available:
(b) Remedies that must be established.
At a minimum, and in addition to termination of the provider agreement, the State must establish the following remedies or approved alternatives to the following remedies:
(c) State plan requirement.
If a State wishes to use remedies for noncompliance that are either additional or alternative to those specified in paragraphs (a) or (b) of this section, it must—
(2)
Demonstrate to CMS's satisfaction that those remedies are as effective as the remedies listed in paragraph (a) of this section, for deterring noncompliance and correcting deficiencies.
(d) State remedies in dually participating facilities.
If the State's remedy is unique to the State plan and has been approved by CMS, then that remedy, as imposed by the State under its Medicaid authority, may be imposed by CMS against the Medicare provider agreement of a dually participating facility.
[59 FR 56243, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]