441—81.33(249A) Factors to be considered in selecting remedies.
	81.33(1) Initial assessment. In order to select the appropriate remedy, if any, to apply to a facility with deficiencies, the department of inspections and appeals shall determine the seriousness of the deficiencies.
	81.33(2) Determining seriousness of deficiencies. To determine the seriousness of the deficiency, the department of inspections and appeals shall consider at least the following factors:
	a. 	Whether a facility’s deficiencies constitute:
	(1)	No actual harm with a potential for minimal harm.
	(2)	No actual harm with a potential for more than minimal harm, but not immediate jeopardy.
	(3)	Actual harm that is not immediate jeopardy.
	(4)	Immediate jeopardy to resident health or safety.
	b. 	Whether the deficiencies:
	(1)	Are isolated.
	(2)	Constitute a pattern.
	(3)	Are widespread.
	81.33(3) Other factors which may be considered in choosing a remedy within a remedy category. Following the initial assessment, the department of inspections and appeals may consider other factors, which may include, but are not limited to, the following:
	a. 	The relationship of the one deficiency to other deficiencies resulting in noncompliance.
	b. 	The facility’s prior history of noncompliance in general and specifically with reference to the cited deficiencies.