Page:United States Statutes at Large Volume 104 Part 2.djvu/593

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-185 "(C) CIVIL MONEY PENALTY. — If the Secretary finds on the basis of a review under subsection (i)(2) or otherwise that a home or community care provider no longer meets the requirements of this section, the Secretary shall impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). The Secretary shall specify criteria, as to when and how this remedy is to be applied and the amounts of any penalties. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the penalties and shall provide for the imposition of incrementally more severe penalties for repeated or uncorrected deficiencies. ' (k) SECRETARIAL RESPONSIBILITIES.— " (1) PUBLICATION OF INTERIM REQUIREMENTS. — "(A) IN GENERAL.—The Secretary shall publish, by December 1, 1991, a proposed regulation that sets forth interim requirements, consistent with subparagraph (B), for the provision of home and community care and for community care settings, including— "(i) the requirements of subsection (c)(2) (relating to comprehensive functional assessments, including the use of assessment instruments), of subsection (d)(2)(E) (relating to qualifications for qualified case managers), of subsection (f) (relating to minimum requirements for home and community care), of subsection (g) (relating to minimum requirements for small community care settings), and of subsection (h) (relating to minimum requirements for large community care settings, "^^ and "(ii) survey protocols (for use under subsection (i)(3)(A)) which relate to such requirements. "(B) MINIMUM PROTECTIONS.— Interim requirements under subparagraph (A) and final requirements under paragraph (2) shall assure, through methods other than reliance on State licensure processes, that individuals receiving home and community care are protected from neglect, physical and sexual abuse, financial exploitation, inappropriate involuntary restraint, and the provision of health care services by unqualified personnel in community care settings. "(2) DEVELOPMENT OF FINAL REQUIREMENTS. — The Secretary shall develop, by not later than October 1, 1992— "(A) final requirements, consistent with paragraph (1)(B), respecting the provision of appropriate, quality home and community care and respecting community care settings under this section, and including at least the requirements referred to in paragraph (l)(A)(i), and "(B) survey protocols and methods for evaluating and assuring the quality of community care settings. The Secretary may, from time to time, revise such requirements, protocols, and methods. "(3) No DELEGATION TO STATES. —The Secretary's authority under this subsection shall not be delegated to States. •** So in original. Probably should be "settings),'