Penalties for failure to pay nursing facility sustainability fee

(a) If a nursing facility fails to pay the full amount of the nursing facility sustainability fee when due, there shall be added to the fee, unless waived by the department for reasonable cause, a penalty equal to two per cent of the fee that was not paid when due. Any subsequent payments shall be credited first to unpaid fee amounts beginning with the most delinquent installment, rather than to penalty or interest amounts. (b) In addition to the penalty identified in this section, the department may seek any of the following remedies for failure of any nursing facility to pay its fee when due: (1) Withholding any medical assistance reimbursement payments until such time as the fee amount is paid in full; (2) Suspension or revocation of the nursing facility license; or (3) Development of a plan that requires the nursing facility to pay any delinquent fee in installments.