{"data":{"id":"us/42-cfr-488.434","jurisdiction":"us","citation":"42 CFR 488.434","heading":"Civil money penalties: Notice of penalty.","body":"(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.\n(2) Content of notice. The notice that CMS sends includes—\n(i) The nature of the noncompliance;\n(ii) The statutory basis for the penalty;\n(iii) Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;\n(iv) Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty;\n(v) The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;\n(vi) When the penalty stops accruing, if applicable;\n(vii) When the penalty is collected; and\n(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.\n(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.\n(2) The State's notice must—\n(i) Be in writing; and\n(ii) Include, at a minimum, the information specified in paragraph (a)(2) of this section.","path":["Title 42—Public Health","CHAPTER IV—CENTERS FOR MEDICARE \u0026 MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER G—STANDARDS AND CERTIFICATION","PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES","Subpart F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"fac2ccb47426f87cb77a282fb85bc33f86aa48ce863b53b31751366371bbefc2","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-488.433","next":"us/42-cfr-488.436"},"notice":"GroundRules: Original legal text. Not legal advice."}