Fiscal Sanctions 660-05-40-20

(Revised 1/1/08 ML 3118)

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A licensed provider, if issued a notice of noncompliance with a Correction Order, must be assessed fiscal sanctions in the following manner:

1. The following deficiencies will result in a twenty-five dollar fiscal sanction:

1. Warped or damaged floors, loose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other such hazards that would effect the safety of an adult residing in the home.
2. Offensive odors, vermin, dampness.
3. The home is not maintained so as to prevent crawling and flying pests from entering the home through the windows.
4. Stairways are not equipped with handrails.
5. Shower enclosures are not equipped with nonporous surfaces and the bottom of bathtubs and floor of showers are not equipped with safety mats or slip preventing materials.
6. Rubbish, garbage, and other refuse is not stored in readily cleanable containers and removed from the home at least every second day. Rubbish, garbage, and other refuse kept outside of the home is not stored in readily cleanable, rodent proof containers and disposed of weekly.
7. The home is not kept reasonably free of animal feces, urine, and hair.
8. Firearms are not stored, unloaded, in a locked cabinet and the firearms cabinet is not located in an area of the home that is not readily accessible to residents.
9. Interior doors with locking mechanisms cannot be unlocked from either side.
10. The heating and electrical system has not been inspected periodically as requested by the Department.
11. Food preparation areas, equipment, and food storage areas are not clean, free of offensive odors, and in sound working condition.
12. Meals are not nutritious and well balanced in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences.
13. Adequate amounts of food are not available at all meals.
14. The provider has not terminated care of a resident when such care is no longer required or when the provider is no longer qualified to provide the care needed by the resident receiving Adult Family Foster Care.
15. Bedrooms occupied by one resident have less than 70 square feet of usable floor space or bedrooms occupied by two residents have less than 120 feet of usable floor space.
16. Bedroom ceilings are not at least six feet and eight inches above the finished floor surface at the ceiling’s lowest point.
17. Bedrooms occupied by residents that are located below grade level do not have two means of egress, one which leads to the outside of the home.  
18. The home does not have a telecommunication devise on the main floor that is available for use by the residents.
19. Septic tanks or other non-municipal sewage disposal systems do not meet the plumbing code.
20. Drinking water is not obtained from an approved community water system or from a source tested by a certified laboratory and approved by the State Department of Health.
21. Milk is not obtained from an approved commercial source.
22. Information related to the resident was not kept confidential.
23. The providers respite providers or substitute caregivers do not meet the required qualifications.
24. The home is not maintained by a central heating system set at a temperature of at least 68 degrees.

2. The following deficiencies will result in a fifteen-dollar fiscal sanction:

1. More than two residents have been assigned to one bedroom.
2. The provider is refusing to cooperate with the department in inspections, complaint investigations, planning for the care of a resident, application procedures, and other necessary activities that relate to the well being of a resident.
3. The provider does not have available in writing preadmission information and house rules.
4. A toilet or bathing facility is not available on the same floor as any bedroom occupied by a resident.

3. All other deficiencies will be assessed a five-dollar fiscal sanction.

Fiscal sanctions must be assessed for each day the Adult Family Foster Home remains out of compliance after the allowable time for the correction of deficiencies ends and must continue until a notice of correction is received by the Department. Fiscal sanctions must be received by the Department every fifteen days after receipt of the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions accrue.

Recovery of an assessed fiscal sanction must be stayed if the provider makes written request to the Department for an administrative hearing within ten days after mailing or delivery of the notice of noncompliance.

Any fiscal sanction collected for any violation of the Family Foster Care for Adults state statute, rule, or policy must be paid into the state treasury for the general fund after the costs of recovering the fiscal sanction are deducted.