OAR 411-073-0040
Categories of Remedies
(1)
Category 1 Remedies. Category 1 remedies include one or more of the following:(a)
Directed Plan of Correction (including directed inservice training);(b)
Directed inservice training; or(c)
Division monitoring (state monitoring).(2)
Category 2 Remedies. Category 2 remedies include one or more of the following:(a)
Denial of Medicaid payment for new admissions;(b)
Denial of Medicaid payment for all residents if imposed on the state by HCFA; or(c)
Civil money penalties of $50 to $3,000 per day.(3)
Category 3 Remedies. Category 3 remedies include one or more of the following:(a)
Temporary management;(b)
Civil money penalties of $3,050 to $10,000 per day;(c)
Closure of the facility in emergency situations and/or transfer of residents; or(d)
Termination of the Division’s Provider Agreement.(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.(a)
Once a particular level of noncompliance is determined by the Division, the matrix indicates which category of remedies are required and optional.(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.(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.
Source:
Rule 411-073-0040 — Categories of Remedies, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-073-0040.