42 CFR 488.610 - Notice of appeal rights: Alternative sanctions.
If CMS proposes to apply an alternative sanction specified in § 488.606(b), the following rules apply:
(c) During the informal hearing, the facility -
(1) May be represented by counsel;
(2) Has access to the information on which the allegation was based; and
(3) May present, orally or in writing, evidence and documentation to refute the finding of failure to participate in network activities and pursue network goals.
(d) If the written decision of the informal hearing supports application of the alternative sanction, CMS provides the facility and the public, at least 30 days before the effective date of the alternative sanction, a written notice that specifies the effective date and the reasons for the alternative sanction.