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If a nursing home is fined during a state inspection?
Is the person responsible for the error also responsible for the fine? Doesn't the nursing home have to pay any fines that occur during state inspections? My work place is telling staff that if the survey team finds an error, the staff member who made the error is responsible to pay the fine. We are in New York State.
1 Answer
- moniqueLv 78 years agoFavorite Answer
The Centers for Medicare and Medicaid Services (CMS), do what is called civil money penalties against nursing homes for various non-compliance related issues. An immediate jeopardy situation, for example, is a $10,000 civil money penalty fine. CMS can also impose per day CMPs as well until compliance is achieved for other areas of non-compliance. The facility pays the fine, not nursing home employees.
Regulatory language regarding CMPs http://www.gpo.gov/fdsys/pkg/FR-2011-03-18/pdf/201...
Some states do also have fines, in addition to CMS.
Who is telling staff members they are responsible to pay fines? That doesn't make sense, because deficiencies are cited based on multiple factors, which is why when you read the statement of deficiencies (SOD) written by surveyors it says "The facility failed to...........facility staff failed to, etc." There is always a component of a system failure related to citations. This includes failure of the Administrator and/or DON to monitor care and services.
Source(s): health care regulatory experience
