HEALTH Nursing Homes: Provide Conditions Under Which Certain Monetary Penalties May Be Imposed Against Nursing Facilities, Nursing Homes, or Intermediate Care Homes; Provide for the Suspension of Civil Monetary Penalties Against Such Facilities Under Certain Conditions; Provide That Under Certain Conditions Civil Monetary Penalties Imposed Shall Relate Back to the Date on Which Such Penalties Were Suspended; Provide That Nothing in the Act Should Be Construed to Require the State Survey Agency to Act in Violation of Applicable Federal Law, Regulations, and Guidelines

The Act prohibits the Department of Human Resources (DHR) from fining or restricting the licensing of any nursing facility, nursing home, or intermediate care unit, for any act or omission for which that facility has already received an intermediate sanction or notice of intent to sanction. The Act further provides that if a monetary penalty is assessed, the DHR must resurvey the facility with forty-eight hours or the accrual of all monetary penalties will be suspended until the resurvey is completed. If, however, upon resurvey, the facility is still found to be non-compliant, the monetary penalties will relate back to the original date.