§ 249A.57 — Health care facilities — penalty

Iowa § 249A.57

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 249A: MEDICAL ASSISTANCE

Text

The department shall adopt rules pursuant to chapter 17A to assess and collect, with
interest, a civil penalty for each day a health care facility which receives medical assistance
reimbursements does not comply with the requirements of the federal Social Security Act,
section 1919, as codified in 42 U.S.C. §1396r. A civil penalty shall not exceed the amount
authorized under 42 C.F.R. §488.438 for health care facility violations. Any moneys collected
by the department pursuant to this section shall be applied to the protection of the health
or property of the residents of the health care facilities which are determined by the state
or by the federal centers for Medicare and Medicaid services to be out of compliance. The
purposes for which the collected moneys shall be applied may include payment for the costs
of relocation of residents to other facilities, maintenance or operation of a health care facility
pending correction of deficiencies or closure of the facility, and reimbursing residents for
personal funds lost. If a health care facility is assessed a civil penalty under this section,
the health care facility shall not be assessed a penalty under section 135C.36 for the same
violation.