1. (1) Category 1 Remedies. Category 1 remedies include one or more of the following:

   1. (a) Directed Plan of Correction (including directed inservice training);
   2. (b) Directed inservice training; or
   3. (c) Division monitoring (state monitoring).

2. (2) Category 2 Remedies. Category 2 remedies include one or more of the following:

   1. (a) Denial of Medicaid payment for new admissions;
   2. (b) Denial of Medicaid payment for all residents if imposed on the state by HCFA; or
   3. (c) Civil money penalties of $50 to $3,000 per day.

3. (3) Category 3 Remedies. Category 3 remedies include one or more of the following:

   1. (a) Temporary management;
   2. (b) Civil money penalties of $3,050 to $10,000 per day;
   3. (c) Closure of the facility in emergency situations and/or transfer of residents; or
   4. (d) Termination of the Division’s Provider Agreement.

4. (4) Medicaid Remedies Matrix. Exhibit 1, “Medicaid Remedies Matrix,” defines the circumstances under which the different categories of remedies shall or may be issued. Exhibit 1 is incorporated and made a part of these rules.

   1. (a) Once a particular level of noncompliance is determined by the Division, the matrix indicates which category of remedies are required and optional.
   2. (b) Required Remedies. When a category or remedy is “required,” the Division shall impose one or more of the remedies in that category and/or initiate termination of certification.
   3. (c) Optional Remedies. When a category is optional, the Division may impose one or more of the remedies under that category in addition to the required remedies.

Statutory/Other Authority

ORS 410.070

Statutes/Other Implemented

ORS 410.070

History

SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95