Notice of Remedy, Excluding Civil Money Penalties
(1)Notice Time Frame. This rule sets forth the notice requirements for remedies other than civil money penalties. The notice requirements for civil money penalties are set forth in OAR 411-073-0140 (Dispute Resolution).
(a)No Notice Required. Prior notice is not required when state monitoring is imposed pursuant to OAR 411-073-0070 (Monitoring by the State).
(b)Two Day Notice/Immediate Jeopardy.
(A)Provider Agreement. If there is immediate jeopardy, the facility and the public shall receive at least 2 calendar days prior written notice of Termination of Provider Agreement. This remedy shall be effective within 23 days of the survey exit date unless the immediate jeopardy is removed.
(B)Other Remedies. The Division may issue any other remedy(s) provided for under these rules with two calendar days prior written notice if there is immediate jeopardy. The remedy(s) shall be effective no later than 20 days after the mailing of the notice, unless otherwise provided by OAR 411-073-0130 (Notice of Civil Money Penalty/Hearing/Order for Payment).
(c)Fifteen Day Notice. If remedies are proposed but there is no immediate jeopardy, at least 15 calendar days prior written notice shall be provided.
(2)Contents. When the Division issues a notice of remedy(s), the notice shall include:
(a)The nature of the noncompliance;
(b)Which remedy(s) is imposed;
(c)The effective date of the remedy(s); and
(d)The right to appeal the finding(s) of noncompliance upon which the remedy is based.
(3)Distribution. In addition to the facility, the Division shall notify:
(a)HCFA, if there is immediate jeopardy;
(b)The Long Term Care Ombudsman;
(c)The Board of Examiners of Nursing Home Administrators if the immediate jeopardy involves substandard care;
(d)Attending physicians if the immediate jeopardy involves substandard care; and
(e)The Department of Justice.
(4)Facility Response. Within ten work days of receiving a notice of remedy(s), the facility shall provide the following information:
(a)The name of each resident of the facility with respect to which the findings of deficiency were made; and
(b)The name and address of the attending physician for each such resident.
(5)Failure To Disclose Information. If a facility fails to provide information required under section (4) of this rule, the Division may terminate the facility’s Provider Agreement or impose other remedies as appropriate.
Rule 411-073-0120 — Notice of Remedy, Excluding Civil Money Penalties,