75-02-05.2-06 - Notice of enforcement action - Delivery or mailing-Posting

75-02-05.2-06. Notice of enforcement action - Delivery or mailing-Posting

1. A written notice of enforcement action issued by the department must be hand delivered or mailed to the facility owner, administrator, or head of the facility's governing board. The notice must include:

a. The basis for the decision;

b. A statement of the deficiencies upon which the decision was based; and

c. If the facility is also participating or seeking to participate in medicare as a skilled nursing facility, and the basis for the department's denial or termination of participation in medicaid is also a basis for denial or termination in medicare:

(1) That the appeals procedures specified for medicare facilities in 42 CFR part 498 apply; and

(2) A final decision entered under the medicare appeals procedure is binding on the department.

2. If the department imposes a remedy:

a. Except as provided in subdivision b, the department must impose all remedies timely, even if the facility requests a hearing; and

b. The department may not collect a civil money penalty until after the period for requesting a hearing has elapsed or, if the facility requests a hearing, until issuance of a final administrative decision that supports imposition of the penalty.

3. The facility shall place the notice of enforcement action at all facility entrances and exits. In the event of the imposition of a ban on admission, denial of payment for new admissions, receivership, closure, or termination, the facility shall inform every person inquiring about the availability of beds in the facility of the deficiencies and the enforcement actions. The department may require the facility to publish a notice in area newspapers to achieve public dissemination of information concerning enforcement action.

(Effective July 1, 1995; amended effective February 1, 1997.)

General Authority: NDCC 50-24.1-04

Law Implemented: 42 USC 1396 r(h)

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