249A.19 - HEALTH CARE FACILITIES -- PENALTY.
249A.19 HEALTH CARE FACILITIES -- PENALTY.
The department shall adopt rules pursuant to chapter 17A to assess
and collect, with interest, a civil penalty for each day a health
care facility which receives medical assistance reimbursements does
not comply with the requirements of the federal Social Security Act,
section 1919, as codified in 42 U.S.C. § 1396r. A civil penalty
shall not exceed the amount authorized under 42 C.F.R. § 488.438 for
health care facility violations. Any moneys collected by the
department pursuant to this section shall be applied to the
protection of the health or property of the residents of the health
care facilities which are determined by the state or by the federal
centers for Medicare and Medicaid services to be out of compliance.
The purposes for which the collected moneys shall be applied may
include payment for the costs of relocation of residents to other
facilities, maintenance or operation of a health care facility
pending correction of deficiencies or closure of the facility, and
reimbursing residents for personal funds lost. If a health care
facility is assessed a civil penalty under this section, the health
care facility shall not be assessed a penalty under section 135C.36
for the same violation. Section History: Recent Form
90 Acts, ch 1031, §1; 96 Acts, ch 1107, § 2; 2002 Acts, ch 1050,
§24