Section 75-02-05.2-02 - Available enforcement remediesThe following enforcement remedies may be imposed on a facility that is not in substantial compliance.
1.Category one remedies:a. A directed plan of care. b. Directed in-service training. 2.Category two remedies:a. Denial of payment for all new medicaid admissions. b. A ban on new admissions of residents. c. A civil money penalty ranging from a minimum of fifty dollars to a maximum of three thousand dollars for each day the facility is not in substantial compliance. 3.Category three remedies:a. Termination of the provider agreement. b. Appointment of a receiver to oversee the operation of the facility. c. A civil money penalty ranging from a minimum of three thousand fifty dollars to a maximum of ten thousand dollars for each day the facility is not in substantial compliance. d. In case of an emergency, transfer of residents to other facilities. e. In case of an emergency, transfer of residents to other facilities with closure of the facility. N.D. Admin Code 75-02-05.2-02
General Authority: NDCC 50-24.1-04
Law Implemented: 42 USC 1396 r(h)