124 STAT. 716 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(bb) in the case where the penalty is imposed for each day of noncompliance, pro- vide that a penalty may not be imposed for any day during the period beginning on the initial day of the imposition of the penalty and ending on the day on which the informal dispute resolution process under item (aa) is completed; ‘‘(cc) may provide for the collection of such civil money penalty and the placement of such amounts collected in an escrow account under the direction of the Secretary on the earlier of the date on which the informal dispute reso- lution process under item (aa) is completed or the date that is 90 days after the date of the imposition of the penalty; ‘‘(dd) may provide that such amounts col- lected are kept in such account pending the resolution of any subsequent appeals; ‘‘(ee) in the case where the facility success- fully appeals the penalty, may provide for the return of such amounts collected (plus interest) to the facility; and ‘‘(ff) in the case where all such appeals are unsuccessful, may provide that some por- tion of such amounts collected may be used to support activities that benefit residents, including assistance to support and protect residents of a facility that closes (voluntarily or involuntarily) or is decertified (including offsetting costs of relocating residents to home and community-based settings or another facility), projects that support resident and family councils and other consumer involve- ment in assuring quality care in facilities, and facility improvement initiatives approved by the Secretary (including joint training of facility staff and surveyors, technical assist- ance for facilities implementing quality assur- ance programs, the appointment of temporary management firms, and other activities approved by the Secretary).’’. (2) CONFORMING AMENDMENT.—Section 1919(h)(5)(8) of the Social Security Act (42 U.S.C. 1396r(h)(5)(8)) is amended by inserting ‘‘(ii)(IV),’’ after ‘‘(i),’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. SEC. 6112. NATIONAL INDEPENDENT MONITOR DEMONSTRATION PROJECT. (a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a demonstration project to develop, test, and implement an independent monitor program to oversee 42 USC 1320a–7j note. 42 USC 1395i–3 note. Time period.
