441—81.40 (249A) Denial of payment for all new admissions.
	 81.40(1) Optional denial of payment. Except as specified in subrule 81.40(2), the denial of payment for all new admissions may be imposed when a facility is not in substantial compliance with the requirements.
	 81.40(2) Required denial of payment. Payment for all new admissions shall be denied when:
	  a.   	 The facility is not in substantial compliance three months after the last day of the survey identifying the noncompliance; or
	  b.   	 The department of inspections and appeals has cited a facility with substandard quality of care on the last three consecutive standard surveys.
	 81.40(3) Resumption of payments. Repeated instances of substandard quality of care. When a facility has repeated instances of substandard quality of care, payments to the facility resume on the date that:
	  a.   	 The facility achieves substantial compliance as indicated by a revisit or written credible evidence acceptable to the department of inspections and appeals.
	  b.   	 The department of inspections and appeals determines that the facility is capable of remaining in substantial compliance.
	 81.40(4) Resumption of payments. No repeated instances of substandard quality of care. When a facility does not have repeated instances of substandard quality of care, payments to the facility resume prospectively on the date that the facility achieves substantial compliance, as indicated by a revisit or written credible evidence acceptable to the department of inspections and appeals.
	 81.40(5) Restriction. No payments to a facility are made for the period between the date that the denial of payment remedy is imposed and the date the facility achieves substantial compliance, as determined by the department of inspections and appeals.