249A.57 Health care facilities — penalty.
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.
90 Acts, ch 1031, §1
C91, §249A.19
96 Acts, ch 1107, §2; 2002 Acts, ch 1050, §24; 2013 Acts, ch 24, §14
C2014, §249A.57
Structure Iowa Code
Chapter 249A - MEDICAL ASSISTANCE
Section 249A.3A - Medical assistance — all income-eligible children.
Section 249A.4 - Duties of director.
Section 249A.4A - Garnishment.
Section 249A.4B - Medical assistance advisory council.
Section 249A.5 - Recovery of payment.
Section 249A.6 - Assignment — lien.
Section 249A.6A - Restitution.
Section 249A.7 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.8 - Fraudulent practice.
Section 249A.11 - Payment for patient care segregated.
Section 249A.12 - Assistance to persons with an intellectual disability.
Section 249A.14 - County attorney to enforce.
Section 249A.15 - Licensed psychologists eligible for payment — provisional licensees.
Section 249A.15B - Speech pathologists eligible for payment.
Section 249A.16 - New rates for services — effective date.
Section 249A.17 - Transitional medical assistance.
Section 249A.18A - Resident assessment.
Section 249A.19 - Health care facilities — penalty.
Section 249A.20 - Noninstitutional health providers — reimbursement.
Section 249A.20A - Preferred drug list program.
Section 249A.20B - Nursing facility quality assurance assessment.
Section 249A.24 - Iowa medical assistance drug utilization review commission — created.
Section 249A.27 - Indemnity for case management and disallowed costs.
Section 249A.29 - Home and community-based services waiver providers — records checks.
Section 249A.30A - Medical assistance — personal needs allowance.
Section 249A.32A - Home and community-based services waivers — limitations.
Section 249A.32B - Early and periodic screening, diagnosis, and treatment funding.
Section 249A.33 - Pharmaceutical settlement account — medical assistance program.
Section 249A.34 - Medical assistance crisis intervention team.
Section 249A.36 - Medical assistance quality improvement council.
Section 249A.37 - Health care information sharing.
Section 249A.38 - Inmates of public institutions — suspension of medical assistance.
Section 249A.39 - Reporting of overpayment.
Section 249A.40 - Involuntarily dissolved providers — overpayments or incorrect payments.
Section 249A.41 - Overpayment — interest.
Section 249A.42 - Overpayment — limitations periods.
Section 249A.43 - Provider overpayment — notice — judgment.
Section 249A.44 - Overpayment — emergency relief.
Section 249A.45 - Provider’s third-party submissions.
Section 249A.46 - Liability of other persons — repayment of claims.
Section 249A.48 - Temporary moratoria.
Section 249A.49 - Internet site — providers found in violation of medical assistance program.
Section 249A.50 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.51 - Fraudulent practice.
Section 249A.52 - Garnishment.
Section 249A.53 - Recovery of payment.
Section 249A.54 - Assignment — lien.
Section 249A.55 - Restitution.