§ 488.434 Civil money penalties: Notice of penalty.

(a) CMS notice of penalty. (1) CMS sends a written notice of the penalty to the facility for all facilities except non-State operated NFs when the State is imposing the penalty. (2) Content of notice. The notice that CMS sends includes— (i) The nature of the noncompliance; (ii) The statutory basis for the penalty; (iii) Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both; (iv) Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty; (v) The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue; (vi) When the penalty stops accruing, if applicable; (vii) When the penalty is collected; and (viii) Instructions for responding to the notice, including a statement of the facility's right to a hearing, and the implication of waiving a hearing, as provided in § 488.436. (b) State notice of penalty. (1) The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action. (2) The State's notice must— (i) Be in writing; and (ii) Include, at a minimum, the information specified in paragraph (a)(2) of this section.