NAC449.99936. Withholding of monetary penalties from payments owed to facility.

     1. The amount of any monetary penalty owed by a Medicaid facility, if it has been determined, may be deducted from any money otherwise owed to the facility by the Division of Health Care Financing and Policy.

     2. If the facility does not pay a monetary penalty by the date it is due and no extension of time to pay is granted, the Administrator of the Division of Public and Behavioral Health shall notify the Administrator of the Division of Health Care Financing and Policy of the amount of the penalty due and owing and shall request withholding of the amount owed.

     3. The Administrator of the Division of Health Care Financing and Policy shall take the appropriate steps to withhold the amount of the monetary penalty owed, including any interest and costs of collection, from the Medicaid payment otherwise due the facility. Money so withheld must be remitted to the Division of Public and Behavioral Health for deposit in the special fund established pursuant to NAC 449.99912. Money withheld for costs of collection must be applied by the Administrator of the Division of Public and Behavioral Health to the account incurring the costs.

     (Added to NAC by Bd. of Health, eff. 8-1-91; A by R051-02, 7-24-2002)