97-22036. Medicare and Medicaid Programs; Survey, Certification and Enforcement of Skilled Nursing Facilities and Nursing Facilities

  • [Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
    [Rules and Regulations]
    [Page 44221]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-22036]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Health Care Financing Administration
    
    42 CFR Part 488
    
    [HSQ-156-CN]
    RIN 0938-
    
    
    Medicare and Medicaid Programs; Survey, Certification and 
    Enforcement of Skilled Nursing Facilities and Nursing Facilities
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Correcting amendment.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In the November 10, 1994 issue of the Federal Register (FR 
    Doc. 94-27703) (59 FR 56116), we established rules for survey of 
    skilled nursing facilities that participate in the Medicare program, 
    and nursing facilities that participate in the Medicaid program. We 
    also established remedies that we impose on facilities that do not 
    comply with Federal participation requirements, as alternatives to 
    program termination. This amendment corrects an error in that document.
    
    EFFECTIVE DATE: July 1, 1995.
    
    FOR FURTHER INFORMATION CONTACT:
    Kathy Lochary, (410) 786-6770.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On November 10, 1994, we published in the Federal Register, at 59 
    FR 56116, a final rule that established significant revisions to the 
    process we use to survey skilled nursing facilities that participate in 
    the Medicare program, and nursing facilities that participate in the 
    Medicaid program. The rule also established, as alternatives to, or in 
    addition to, termination, remedies that we impose on facilities that do 
    not comply with the Federal participation requirements.
        On September 28, 1995, we published in the Federal Register, at 60 
    FR 50115, a correction notice that made many corrections to the final 
    rule. One of those corrections was to Sec. 488.434(a)(1).
    
    Need for Additional Correction
    
        Sections 488.434(a)(1) and 488.436(a) both refer to a HCFA civil 
    money penalty written notice. When we corrected an inadvertent error in 
    terminology in Sec. 488.434(a)(1), we failed to make a corresponding 
    change in terminology in Sec. 488.436(a). We are now making that 
    correction to Sec. 488.436(a) by removing the words ``of intent to 
    impose'' from the phrase ``notice of intent to impose the civil money 
    penalty'' and adding the word ``imposing'' to the phrase. Therefore, 
    the phrase ``notice of intent to impose the civil money penalty'' is 
    corrected to read ``notice imposing the civil money penalty.''
    
    List of Subjects in 42 CFR Part 488
    
        Health facilities, Medicare, Reporting and recordkeeping 
    requirements.
    
        Accordingly, 42 CFR Part 488 is corrected by making the following 
    correcting amendment:
    
    PART 488--SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES
    
        1. The authority citation for part 488 continues to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1895hh).
    
    
    Sec. 488.436  [Corrected]
    
        2. In Sec. 488.436 paragraph (a), the phrase ``notice of intent to 
    impose the civil money penalty'' is corrected to read ``notice imposing 
    the civil money penalty''.
    
    (Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
    Assistance Program; and Program No. 93.774, Medicare--Supplementary 
    Medical Insurance Program)
    
        Dated: August 11, 1997.
    Neil J. Stillman,
    Deputy Assistant Secretary for Information Resources Management.
    [FR Doc. 97-22036 Filed 8-19-97; 8:45 am]
    BILLING CODE 4120-01-M
    
    
    

Document Information

Effective Date:
7/1/1995
Published:
08/20/1997
Department:
Health Care Finance Administration
Entry Type:
Rule
Action:
Correcting amendment.
Document Number:
97-22036
Dates:
July 1, 1995.
Pages:
44221-44221 (1 pages)
Docket Numbers:
HSQ-156-CN
PDF File:
97-22036.pdf
CFR: (1)
42 CFR 488.436