388-97-4560  <<  388-97-4580 >>   388-97-4600

WAC 388-97-4580

Civil fine accrual and due dates and interest.

(1) Accrual of a per day civil fine begins on the first date the department verifies that the nursing home has or had a specific deficiency. Accrual of the per day civil fine will end on the date the department determines the nursing home corrected the deficiency.
(2) A per instance fine may be assessed for a deficiency, regardless of whether or not the deficiency had been corrected by the time the department first identified it.
(3) Civil fine(s) are due twenty days after the nursing home is notified of the civil fine(s) if the nursing home does not request a hearing.
(4) If the nursing home requests a hearing, the civil fine(s) including interest, if any, is due twenty days after:
(a) A hearing decision ordering payment of the fine(s) becomes final in accordance with chapter 388-02 WAC;
(b) The appeal is withdrawn;
(c) A settlement agreement and order of dismissal is entered, unless otherwise specified in the agreement; or
(d) An order of dismissal is entered.
(5) Interest on the civil fine(s) begins to accrue at a rate of one percent per month, thirty days after the nursing home is notified of the fine, unless a settlement agreement includes other provisions for payment of interest. If the amount of the civil fine is reduced following an appeal, interest on the reduced civil fine(s) accrues from thirty days after the nursing home was notified of the original civil fine(s).
(6) When a nursing home fails to pay a civil fine when due under this chapter, the department may:
(a) Withhold an amount equal to the fine plus interest, if any, from the nursing home's medicaid payment;
(b) Impose an additional fine; or
(c) Suspend the nursing home license under WAC 388-97-570(1). Such license suspension must continue until the fine is paid.
[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, ยง 388-97-4580, filed 9/24/08, effective 11/1/08.]
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