Code of Federal Regulations Title 42. Public Health § 42.488.444 Civil money penalties:  Settlement of penalties

(a) CMS has authority to settle cases at any time prior to a final administrative decision for Medicare-only SNFs, State- operated facilities, or other facilities for which CMS's enforcement action prevails, in accordance with § 488.330.

(b) The State has the authority to settle cases at any time prior to the evidentiary hearing decision for all cases in which the State's enforcement action prevails.