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  • Title: Medicare and Medicaid programs; intermediate sanction of long-term care facilities--HCFA. Proposed rule.
    Journal: Fed Regist; 1985 Feb 21; 50(35):7191-8. PubMed ID: 10299898.
    Abstract:
    These regulations would implement section 916 of the Omnibus Reconciliation Act of 1980 (Pub. L. 96-499) authorizing the Secretary and State Medicaid agencies to impose an alternative to terminating long-term care facilities found to be out of compliance with the Medicare conditions of participation or the Medicaid conditions of participation or standards. Under the proposal, in facilities where deficiencies did not pose immediate jeopardy to the health and safety of their patients, the Secretary of HHS and State Medicaid agencies could exercise discretion to invoke termination or to deny reimbursement for new Medicare and Medicaid admissions to these facilities for a period up to 11 months after a specified date. However, the Secretary and the State Medicaid agencies retain the authority to terminate a facility at any time, including the period of the alternative sanction, if they determine that such action is warranted under current regulations at 42 CFR Part 489, Subpart E and 42 CFR Part 442, Subpart B. If a facility's deficiencies were found to pose immediate jeopardy to its patients, the proposed regulations would require the denial of payments for new admissions and the termination from participation in the programs.
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