1. (a) The Department may impose a remedy other than or in addition to termination of a provider as provided in Section 1919(h)(2) of the Social Security Act. (Section 1396r(h)(2) of Title 42 of the United States Code).
2. (b) In deciding what remedy to impose, the Department shall select the remedy using the factors and standards contained in subpart F (commencing with section 488.400) of part 488 of subchapter E of chapter IV of Title 42 of the Code of Federal Regulations.
3. (c) The provisions of this Article shall apply to facility appeals of remedies other than termination.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Section 14100.1, Welfare and Institutions Code.

History

1. New section filed 7-18-96 as an emergency; operative 7-18-96 (Register 96, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-15-96 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-18-96 order transmitted to OAL 11-14-96 and filed 12-31-96 (Register 97, No. 1). Article 2. Definitions