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Current as of January 01, 2024 | Updated by FindLaw Staff
The department shall adopt criteria for determining the type and amount of the civil penalty assessed under section 71-2098. Such criteria shall include, but need not be limited to, consideration of the following factors:
(1) The period of time over which the violation occurred;
(2) The frequency of the violation;
(3) The nursing facility's history concerning the type of violation for which the civil penalty is assessed;
(4) The nursing facility's intent or reason for the violation;
(5) The effect, if any, of the violation on the health, safety, security, or welfare of the residents;
(6) The existence of other violations, in combination with the violation for which the civil penalty is assessed, which increase the threat to the health, safety, security, rights, or welfare of the residents;
(7) The accuracy, thoroughness, and availability of records regarding the violation, which the nursing facility is required to maintain; and
(8) The number of additional related violations occurring within the same time span as the violation in question.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 71. Public Health and Welfare § 71-2099. Civil penalties; type and amount; criteria - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-71-public-health-and-welfare/ne-rev-st-sect-71-2099/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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