124 STAT. 714 PUBLIC LAW 111–148—MAR. 23, 2010 reduced a penalty imposed on the facility in the preceding year under such subclause with respect to a repeat deficiency. ‘‘(bb) CERTAIN OTHER DEFICIENCIES.—The Secretary may not reduce the amount of a penalty under subclause (II) if the penalty is imposed on the facility for a deficiency that is found to result in a pattern of harm or widespread harm, immediately jeopardizes the health or safety of a resident or residents of the facility, or results in the death of a resi- dent of the facility. ‘‘(IV) COLLECTION OF CIVIL MONEY PEN- ALTIES.—In the case of a civil money penalty imposed under this clause, the Secretary shall issue regulations that— ‘‘(aa) subject to item (cc), not later than 30 days after the imposition of the penalty, provide for the facility to have the opportunity to participate in an independent informal dis- pute resolution process which generates a written record prior to the collection of such penalty; ‘‘(bb) in the case where the penalty is imposed for each day of noncompliance, pro- vide that a penalty may not be imposed for any day during the period beginning on the initial day of the imposition of the penalty and ending on the day on which the informal dispute resolution process under item (aa) is completed; ‘‘(cc) may provide for the collection of such civil money penalty and the placement of such amounts collected in an escrow account under the direction of the Secretary on the earlier of the date on which the informal dispute reso- lution process under item (aa) is completed or the date that is 90 days after the date of the imposition of the penalty; ‘‘(dd) may provide that such amounts col- lected are kept in such account pending the resolution of any subsequent appeals; ‘‘(ee) in the case where the facility success- fully appeals the penalty, may provide for the return of such amounts collected (plus interest) to the facility; and ‘‘(ff) in the case where all such appeals are unsuccessful, may provide that some por- tion of such amounts collected may be used to support activities that benefit residents, including assistance to support and protect residents of a facility that closes (voluntarily or involuntarily) or is decertified (including offsetting costs of relocating residents to home and community-based settings or another facility), projects that support resident and Time period. Deadline. Regulations.
