Home Nursing Laws

State Enforcement Actions

For facilities that are not certified for federal funding, only the state sanctions apply. State enforcement tools include a system of deficiencies, citations and civil monetary penalties, bans on admissions, temporary management, placing the facility in receivership, or even suspension or revocation of the facility's license.

Federal Enforcement Actions

 

For facilities that are certified for Medicare/Medicaid, the state can recommend a variety of federal enforcement remedies, in addition to state sanctions, depending upon the seriousness of the violations. The federal remedies include directed plans of correction, directed in-service trainings, state monitoring, denial of payment for new admissions, federal civil monetary penalties, appointment of a temporary manager and termination of Medicare or Medicaid payments. Since over 80% of California nursing homes participate in Medicare and/or the Medicaid programs, most facilities are subject to federal sanctions if they violate the laws.

Federal Deficiencies:

Under the Code of Federal Regulations, Section 488.301, a deficiency is defined as a nursing facility’s “failure to meet a participation requirement” (specified under law). Although any violation of a condition of participation should be cited as a deficiency, this does not mean that the facility will be found out of compliance or that a sanction will be applied.

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