42 C.F.R. § 488.432 Civil money penalties: When a penalty is collected.
Title 42 - Public Health
(a) When facility requests a hearing. (1) A facility must request a hearing on the determination of the noncompliance that is the basis for imposition of the civil money penalty within the time specified in one of the following sections: (i) Section 498.40 of this chapter for a (A) SNF; (B) Dually participating facility; (C) State-operated NF; or (D) Non-State operated NF against which CMS is imposing remedies. (ii) Section 431.153 of this chapter for a non-State operated NF that is not subject to imposition of remedies by CMS. (2)(i) If a facility requests a hearing within the time specified in paragraph (a)(1) of this section, for a civil money penalty imposed per day, CMS or the State initiates collection of the penalty when there is a final administrative decision that upholds CMS's or the State's determination of noncompliance after the facility achieves substantial compliance or is terminated. (ii) If a facility requests a hearing for a civil money penalty imposed per instance of noncompliance within the time specified in paragraph (a)(1) of this section, CMS or the State initiates collection of the penalty when there is a final administrative decision that upholds CMS's or the State's determination of noncompliance. (b) When a facility does not request a hearing for a civil money penalty imposed per day. (1) If a facility does not request a hearing in accordance with paragraph (a) of this section, CMS or the State initiates collection of the penalty when the facility— (i) Achieves substantial compliance; or (ii) Is terminated. (2) When a facility does not request a hearing for a civil money penalty imposed per instance of noncompliance. If a facility does not request a hearing in accordance with paragraph (a) of this section, CMS or the State initiates collection of the penalty when the time frame for requesting a hearing expires. (c) When a facility waives a hearing. (1) If a facility waives, in writing, its right to a hearing as specified in §488.436, for a civil money penalty imposed per day, CMS or the State initiates collection of the penalty when the facility— (i) Achieves substantial compliance; or (ii) Is terminated. (2) If a facility waives, in writing, its right to a hearing as specified in §488.436, for a civil money penalty imposed per instance of noncompliance, CMS or the State initiates collection of the penalty upon receipt of the facility's notification. (d) Accrual and computation of penalties for a facility that— (1) Requests a hearing or does not request a hearing are specified in §488.440; (2) Waives its right to a hearing in writing, are specified in §§488.436(b) and 488.440. (e) The collection of civil money penalties is made as provided in §488.442. [59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 64 FR 13360, Mar. 18, 1999]
Title 42: Public Health
PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES
Subpart F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies
§ 488.432 Civil money penalties: When a penalty is collected.
