- (1) The penalty for failure to file a return or pay the assessment due within the time prescribed in Section 26B-3-403 is the greater of $100 or 5% of the assessment due on the assessment patient day report.
- (2) After giving notice, the department may suspend Medicaid payments to a nursing facility until the facility pays the assessment and penalties due in full or until the facility and the department reach a negotiated settlement.
- (3) The penalty accrues according to this rule without notification.
- (4) If a facility seeks to have the department waive penalties, a facility must request a state fair hearing to allow an administrative law judge to determine whether the facility has shown good cause for the department to waive penalties.
- (5) For non-Medicaid certified facilities, the department may refer a delinquent facility to its Division of Licensing and Background Checks based on administrator requirements as noted in Section R432-150-8.
KEY: Medicaid, nursing facility
Date of Last Change: July 1, 2024
Notice of Continuation: November 7, 2023
Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-3-404; 26B-3-108