53-6-107. Sanctions -- penalties. (1) The department may suspend, terminate, or refuse to renew an agreement with a health care facility that has failed to meet the requirements for certification for or participation in the Montana medicaid program under 53-6-106 through 53-6-108 or other applicable law. The department may also impose sanctions in the form of denial of medicaid payments for new admissions or other penalties or sanctions, as described in 53-6-111 or Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, and any implementing federal regulations.
     (2) The department may impose a civil monetary penalty, with interest not to exceed 12% a year, for each day that a facility is substantially out of compliance with standards or participation requirements provided by applicable state or federal laws, regulations, or rules, including but not limited to standards adopted by the department under the authority of Title 50, chapter 5, or 53-6-106 through 53-6-108. Penalties must be collected by the department and may be applied to the protection of the health and property of residents of health care facilities that the department finds deficient, including but not limited to payment for the costs of relocation of residents to other facilities, operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.
     (3) The department may appoint temporary management personnel to oversee the operation of the facility and to ensure the health and safety of the facility's residents if there is a need for temporary management because:
     (a) an orderly closure of the facility is necessary; or
     (b) improvements are being made to bring the facility into compliance with applicable standards.
     (4) The department shall, in the case of an emergency, close the facility or transfer residents in the facility to other facilities, or both.

     History: En. Sec. 4(5) thru (8), Ch. 711, L. 1989; amd. Sec. 13, Ch. 354, L. 1995; amd. Sec. 159, Ch. 418, L. 1995; amd. Sec. 441, Ch. 546, L. 1995; amd. Sec. 1, Ch. 346, L. 2001.