CFR > Title 42 - Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER G—STANDARDS AND CERTIFICATION (parts 482 to 498) > PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES > SUBPART F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies (§488.400 to §488.456) > 488.430—Civil money penalties: Basis for imposing penalty.

488.430—Civil money penalties: Basis for imposing penalty.

(a) CMS or the State may impose a civil money penalty for either the number of days a facility is not in substantial compliance with one or more participation requirements or for each instance that a facility is not in substantial compliance, regardless of whether or not the deficiencies constitute immediate jeopardy.
(b) CMS or the State may impose a civil money penalty for the number of days of past noncompliance since the last standard survey, including the number of days of immediate jeopardy.
[59 FR 56243, Nov. 10, 1994, as amended at 64 FR 13360, Mar. 18, 1999]