42 CFR §488.434

1. (a)CMS notice of penalty.
   1. (1)CMS sends a written notice of the penalty to the facility for all facilities except non-State operated NFs when the State is imposing the penalty.
   2. (2)Content of notice. The notice that CMS sends includes—
      1. (i)The nature of the noncompliance;
      2. (ii)The statutory basis for the penalty;
      3. (iii)Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;
      4. (iv)Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty;
      5. (v)The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;
      6. (vi)When the penalty stops accruing, if applicable;
      7. (vii)When the penalty is collected; and
      8. (viii)Instructions for responding to the notice, including a statement of the facility's right to a hearing, and the implication of waiving a hearing, as provided in § 488.436.
2. (b)State notice of penalty.
   1. (1)The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action.
   2. (2)The State's notice must—
      1. (i)Be in writing; and
      2. (ii)Include, at a minimum, the information specified in paragraph (a)(2) of this section.