(a) Responsibilities of the clinician. A clinician of an inpatient rehabilitation facility who has participated in performing the patient assessment must have responsibility for -
(1) The accuracy and thoroughness of the specific data recorded by that clinician on the patient's assessment instrument; and
(2) The accuracy of the assessment reference date inserted on the patient assessment instrument completed under § 412.610(c).
(b) Penalty for falsification.
(1) Under Medicare, an individual who knowingly and willfully -
(i) Completes a material and false statement in a patient assessment is subject to a civil money penalty of not more than $1,000 as adjusted annually under 45 CFR part 102 for each assessment; or
(ii) Causes another individual to complete a material and false statement in a patient assessment is subject to a civil money penalty of not more than $5,000 as adjusted annually under 45 CFR part 102 for each assessment.
(2) Clinical disagreement does not constitute a material and false statement.
[66 FR 41388, Aug. 7, 2001, as amended at 81 FR 61562, Sept. 6, 2016]