Section 75-02-05.2-03 - Enforcement actionThe department may impose the enforcement remedies described in section 75-02-05.2-02 if the facility is not in substantial compliance. The scope and severity matrix established by the health care financing administration must be used to determine the appropriate category of enforcement remedy or remedies to be imposed.
1. If immediate jeopardy to the health or safety of residents exists, the department shall impose a remedy provided in subdivision a or b and may, in addition, impose any or all remedies provided in subdivisions c, d, and e. The department may: a. Terminate the provider agreement no later than twenty-three days after the immediate jeopardy is identified if the immediate jeopardy is not removed by the twenty-first day; b. Appoint a receiver to oversee the operation of the facility to ensure the health and safety of residents, where there is a need for a temporary management while: (1) There is an orderly closure of the facility; or (2) Improvements are made in order to bring the facility into substantial compliance; c. Impose a civil money penalty of at least three thousand fifty dollars per day and not exceeding ten thousand dollars per day, effective as of the date the noncompliance was identified; d. Immediately impose state monitoring; or e. Impose any other remedy identified in section 75-02-05.2-02, beginning at least two days from the date the provider receives notice of the remedy to be imposed. 2. If immediate jeopardy does not exist, the department may terminate the provider agreement in effect or apply one or more of the enforcement remedies identified in section 75-02-05.2-02 instead of, or in addition to, termination. The department may: a. Impose a denial of payment for new admissions no sooner than fifteen days after the survey, but must impose a denial of payment for new admissions effective no later than three months after the last day of a standard survey if substantial compliance is not achieved; b. Impose state monitoring without notice; c. Impose a civil money penalty effective as of the date the noncompliance was identified; d. Authorize the survey agency to impose one or more category one remedies; or e. Impose other remedies available under section 75-02-05.2-02 no sooner than fifteen days from the date the provider receives notice. 3. If a provider has been found to have provided substandard quality of care on the last three consecutive standard surveys, the department shall: a. Deny payment for all new admissions as soon as possible within, but no later than, ninety days from the last day of the third consecutive survey; b. Impose state monitoring; and c. Provide notification of the finding of substandard quality of care to the attending physician of each resident found to have received the substandard quality of care. 4. If the provider fails to properly post a notice of enforcement action, removes a posted notice without authorization, fails to inform a person inquiring about availability of beds of the enforcement action, or fails to publish a required notice, the department shall impose a civil money penalty. 5. The department may not enter into a provider agreement with any prospective provider who is not in substantial compliance. N.D. Admin Code 75-02-05.2-03
Effective July 1, 1995; amended effective February 1, 1997.General Authority: NDCC 50-24.1-04
Law Implemented: 42 USC 1396 r(h)