R414-401-5. Penalties and Interest

  (1) The penalties for failure to file a report, to pay the assessment due within the time prescribed, to pay within 30 days of a notice of deficiency of the assessment are provided in Section 26-35a-105. The Department shall suspend all Medicaid payments to a nursing facility until the facility pays the assessment due in full or until the facility and the Department reach a negotiated settlement.

  (2) The Department shall charge a nursing facility a negligence penalty as prescribed in Subsection 26-35a-105(3)(a) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment.

  (3) The Department shall charge a nursing facility an intentional disregard penalty as prescribed in Subsection 26-35-105(3)(b) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment two times within a 12-month period, or if the facility does not pay in full within 60 days of a notice of deficiency of the assessment.

  (4) The Department shall charge a nursing facility an intent to evade penalty as prescribed in Subsection 26-35a-105(4) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment three times with a 12-month period, or if the facility does not pay in full within 75 days of a notice of deficiency of the assessment.