S.C. Code Regs. 126-840 - Schedule of Sanctions

Current through Register Vol. 46, No. 3, March 25, 2022

CLASS I DEFICIENCY:

A. Violation of requirements which present an indirect relationship to resident health, safety or welfare, and which does not create a substantial and/or immediate risk to health and safety.
B. Remedies/Sanctions:
1. Deny payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when the facility has failed to correct deficiencies within this class within 90 days of the annual standard survey exit date.
2. Assess and collect monetary penalties up to $500 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit.
3. Assess and collect monetary penalties up to $990 per day retroactive to the exit date of the first survey revisit for deficiencies in this class which remain uncorrected at the time of a second survey revisit.
4. Assess and collect monetary penalties up to $1485 per day retroactive to the exit date of the second survey revisit for deficiencies which remain uncorrected at the time of the third survey revisit.
5. Deny payment under the Medicaid program 30 days from decertification date imposed by the State Survey Agency.

CLASS II DEFICIENCY:

A. Violation of requirements which presents a direct relationship to the health, safety or welfare, of residents but which does not create a substantial and/or immediate risk to health and safety.
B. Remedies/Sanctions:
1. Deny payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when the facility has failed to correct deficiencies within this class within 90 days of the annual standard survey exit date.
2. Assess and collect monetary penalties up to $750 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit.
3. Assess and collect monetary penalties up to $1500 per day retroactive to the exit date of the first survey revisit for deficiencies in this class which remain uncorrected at the time of a second survey revisit.
4. Assess and collect monetary penalties up to $2250 per day retroactive to the exit date of the second survey revisit for deficiencies which remain uncorrected at the time of the third survey revisit.
5. Deny payment under the Medicaid program 30 days from decertification date imposed by the State Survey Agency.

CLASS III DEFICIENCY:

A. Violation of requirements which poses a substantial risk to the health and safety of residents.
B. Remedies/Sanctions:
1. Deny Payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when conditions exist that pose substantial risk to the health and safety of residents or when the facility has failed to correct deficiencies within 30 days of any survey by the State Survey Agency or the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services.
2. Assess and collect monetary penalties up to $900 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit.
3. Assess and collect monetary penalties up to $1800 per day retroactive to the exit date of the first survey revisit for deficiencies in this class which remain uncorrected at the time of a second survey revisit.
4. Assess and collect monetary penalties up to $2400 per day retroactive to the exit date of the second survey revisit for deficiencies which remain uncorrected at the time of the third survey revisit.
5. Seek circuit court appointment of temporary management to effect an orderly closure when facility management is judged unable or unwilling to correct the deficiencies in this class by the dates stipulated in an accepted plan of correction or in an accepted credible allegation.
6. Deny payment under the Medicaid program 30 days from decertification date imposed by the State Survey Agency.

CLASS IV DEFICIENCY:

A. Violation of requirements which immediately jeopardizes the health and safety of residents.
B. Remedies/Sanctions:
1. Deny payment under the Medicaid program for any new admissions from the date of issuance of a certified notice to the facility when conditions exist that pose immediate jeopardy to health and safety.
2. Assess and collect monetary penalties up to $1200 per day retroactive to the exit date of the standard annual survey for deficiencies in this class which remain uncorrected at the time of the first survey revisit.
3. Assess and collect monetary penalties up to $2250 per day retroactive to the exit date of the first survey revisit for deficiencies in this class which remain uncorrected at the time of a second survey revisit.
4. Assess and collect monetary penalties up to $2500 per day retroactive to the exit date of the second survey revisit for deficiencies which remain uncorrected at the time of the third survey revisit.
5. Initiate emergency action in a court of competent jurisdiction to appoint a receiver to effect an orderly closure.
6. Deny payment under the Medicaid program 30 days from decertification date imposed by the State Survey Agency.

Notes

S.C. Code Regs. 126-840
Replaced and amended by State Register Volume 42, Issue No. 05, eff. 5/25/2018.

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