Section 325.20407. Enforcement of nondiscrimination on the basis of source of payment for care.

(1) When a nursing home is enrolled as a provider in  the  medicare and medicaid programs and holds a valid provider agreement with the designated federal or state agency, discrimination with  respect  to source of payment for purposes of sections 21799c(3) and 20201(2)(a) of the code includes action to require a cash payment before admission from any person determined to be eligible  to   receive medicare or medicaid, to require cash payment instead of  medicare  or  medicaid payment authorized by

the designated federal or state agency for any period of time, or to require any unauthorized supplemental cash payment in addition to medicare or medicaid payment for care.

(2) A home which violates a patient's rights with respect to the matters described in subrule (1) of this rule shall, in addition to any civil penalties assessed under the code, repay any and all cash payments

improperly required of the patient, the patient's family, or designated representative, with interest, at the prime interest rate on the day the violation is identified, to be added and compounded for the period the cash payment has been inappropriately in the home's possession.

History: 1981 AACS.