Little Rock, AR

The Blossoms at Breckenridge Rehab & Nursing Cente

1-star overall rating with 1-star inspections with $33,400 in total fines with 5 recent health deficiencies with 5 fire-safety deficiencies in the latest cycle

800 Brookside Drive, Little Rock, AR

(501) 224-3940

Compare this facility

Overall

1 / 5

CMS overall stars

Health inspections

1 / 5

Survey and complaint cycles

Staffing

3 / 5

RN + nurse staffing

Quality measures

2 / 5

Resident outcomes and process measures

Quick facts

Facility snapshot

Beds

143

Certified beds

Average residents

Average occupied residents

Ownership

For-Profit

Publicly displayed owner type

Chain

The Blossoms Rehab & Nursing Center

Operator or chain grouping

Approved since

2016-01-04

CMS approved date

Coverage

Medicare + Medicaid

Participation flags

Chain footprint

23 facilities

Chain averages 3 overall / 3 health / 2 staffing / 3 quality stars

Changed ownership

Within the last 12 months

Family council

Yes

Resident and family council reported

Sprinklers

Yes

Automatic sprinklers in all required areas

Staffing

Hours and turnover

RN hours / resident day

0.30

Registered nurse staffing · state 0.40 · national 0.68

LPN hours / resident day

1.02

Licensed practical nurse staffing · state 0.95 · national 0.87

Aide hours / resident day

2.36

Nurse aide staffing · state 2.72 · national 2.35

Total nurse hours

3.69

All reported nurse hours · state 4.07 · national 3.89

Licensed hours

1.33

RN + LPN hours · state 1.35 · national 1.54

Weekend hours

3.10

Weekend nurse staffing · state 3.48 · national 3.43

Weekend RN hours

0.15

Weekend registered nurse coverage · state 0.27 · national 0.47

Physical therapist

0.00

Reported PT staffing · state 0.03 · national 0.07

Adjusted RN hours

0.37

CMS adjusted RN staffing hours

Adjusted total hours

4.54

CMS adjusted total nurse staffing hours

Case-mix index

1.11

Higher values indicate more complex resident acuity

RN turnover

Annual RN turnover

Total nurse turnover

66%

Annual nurse turnover · state 51% · national 46%

SNF VBP

Value-based purchasing

Program rank

5,940

Lower is better among SNFs in the FY 2026 VBP program.

Performance score

34.52

Composite VBP score used to determine payment impact.

Payment multiplier

0.9884

Above 1.000 increases Medicare payment; below 1.000 reduces it.

Program components

How the VBP score is built

Readmission

5.37

Baseline 21.66% · Performance 18.95% · Measure score 5.37 · Achievement 5.37 · Improvement 5.36

Healthcare-associated infections

4.38

Baseline 8.55% · Performance 6.81% · Measure score 4.38 · Achievement 3.42 · Improvement 4.38

Total nurse turnover

Performance 63.41% · Measure score 0 · Achievement 0 · This facility did not have sufficient data to calculate a baseline period measure result.

Adjusted total nurse staffing

4.06

Baseline 4.29 hours · Performance 4.23 hours · Measure score 4.06 · Achievement 4.06 · Improvement 0

SNF QRP

Medicare quality reporting measures

Measure	Facility	National	Note
Potentially preventable 30-day readmission	12.23%	10.72% 1.5 pts worse	No Different than the National Rate · Eligible stays 76 · Observed rate 14.47% · Lower 95% interval 9.11%
Discharge to community	37.35%	50.57% 13.2 pts worse	No Different than the National Rate · Eligible stays 26 · Observed rate 19.23% · Lower 95% interval 22.2%
Medicare spending per beneficiary	0.99	1.02 About the same
Drug regimen review with follow-up	82.86%	95.27% 12.4 pts worse	Numerator 29 · Denominator 35
Falls with major injury	2.86%	0.77% 2.1 pts worse	Numerator 1 · Denominator 35
Discharge self-care score	51.85%	53.69% 1.8 pts worse	Numerator 14 · Denominator 27
Discharge mobility score	40.74%	50.94% 10.2 pts worse	Numerator 11 · Denominator 27
Pressure ulcers or injuries, new or worsened	5.71%	2.29% 3.4 pts worse	Numerator 2 · Denominator 35 · Adjusted rate 5.25%
Healthcare-associated infections requiring hospitalization	6.81%	7.12% 0.3 pts better	No Different than the National Rate · Eligible stays 38 · Observed rate 5.26% · Lower 95% interval 3.32%
Staff COVID-19 vaccination coverage	0.71%	8.2% 7.5 pts worse	Numerator 1 · Denominator 140
Staff flu vaccination coverage	100%	42% 58 pts better	Numerator 115 · Denominator 115
Discharge function score	62.96%	56.45% 6.5 pts better	Numerator 17 · Denominator 27
Transfer of health information to provider	Not Available	95.95%	Numerator Not Available · Denominator 8 · Too few residents or stays to report publicly.
Transfer of health information to patient	Not Available	96.28%	Numerator Not Available · Denominator 5 · Too few residents or stays to report publicly.
Resident COVID-19 vaccinations up to date	Not Available	25.2%	Numerator Not Available · Denominator 19 · Too few residents or stays to report publicly.

Quality measures

Resident outcomes and process scores

Measure	Facility	State	National	Note
Number of hospitalizations per 1000 long-stay resident days	2.3	2.0 0.3 pts worse	1.9 0.4 pts worse	Long Stay · 20240701-20250630 · Adjusted 2.3 · Observed 2.3 · Expected 1.9 · Used in QM five-star
Number of outpatient emergency department visits per 1000 long-stay resident days	2.0	2.2 0.2 pts better	1.8 0.2 pts worse	Long Stay · 20240701-20250630 · Adjusted 2.0 · Observed 2.1 · Expected 1.7 · Used in QM five-star
Percentage of long-stay residents assessed and appropriately given the pneumococcal vaccine	96.1%	94.9% 1.2 pts better	93.4% 2.7 pts better	Long Stay · 2024Q4-2025Q3 · Q1 95.3% · Q2 96.5% · Q3 95.1% · Q4 97.5% · 4Q avg 96.1%
Percentage of long-stay residents assessed and appropriately given the seasonal influenza vaccine	100.0%	96.1% 3.9 pts better	95.5% 4.5 pts better	Long Stay · 2024Q3-2025Q2 · 4Q avg 100.0%
Percentage of long-stay residents experiencing one or more falls with major injury	5.1%	3.9% 1.2 pts worse	3.3% 1.8 pts worse	Long Stay · 2024Q4-2025Q3 · Q1 3.5% · Q2 4.7% · Q3 6.2% · Q4 6.3% · 4Q avg 5.1% · Used in QM five-star
Percentage of long-stay residents who have depressive symptoms	0.0%	1.4% 1.4 pts better	11.4% 11.4 pts better	Long Stay · 2024Q4-2025Q3 · Q1 0.0% · Q2 0.0% · Q3 0.0% · Q4 0.0% · 4Q avg 0.0%
Percentage of long-stay residents who lose too much weight	1.7%	4.9% 3.2 pts better	5.4% 3.7 pts better	Long Stay · 2024Q4-2025Q3 · Q1 0.0% · Q2 1.4% · Q3 1.4% · Q4 4.1% · 4Q avg 1.7%
Percentage of long-stay residents who received an antianxiety or hypnotic medication	25.3%	21.8% 3.5 pts worse	19.6% 5.7 pts worse	Long Stay · 2024Q4-2025Q3 · Q1 22.2% · Q2 28.2% · Q3 27.3% · Q4 23.7% · 4Q avg 25.3%
Percentage of long-stay residents who received an antipsychotic medication	37.9%	12.5% 25.4 pts worse	16.7% 21.2 pts worse	Long Stay · 2024Q4-2025Q3 · Q1 36.5% · Q2 42.2% · Q3 34.8% · Q4 38.3% · 4Q avg 37.9% · Used in QM five-star
Percentage of long-stay residents who were physically restrained	0.0%	0.1% 0.1 pts better	0.1% 0.1 pts better	Long Stay · 2024Q4-2025Q3 · Q1 0.0% · Q2 0.0% · Q3 0.0% · Q4 0.0% · 4Q avg 0.0%
Percentage of long-stay residents whose ability to walk independently worsened	7.2%	11.4% 4.2 pts better	16.3% 9.1 pts better	Long Stay · 2024Q4-2025Q3 · Q1 14.4% · Q2 3.2% · Q3 0.0% · Q4 10.8% · 4Q avg 7.2% · Used in QM five-star
Percentage of long-stay residents whose need for help with daily activities has increased	18.4%	10.4% 8 pts worse	14.9% 3.5 pts worse	Long Stay · 2024Q4-2025Q3 · Q1 17.9% · Q2 24.3% · Q3 9.6% · Q4 21.7% · 4Q avg 18.4% · Used in QM five-star
Percentage of long-stay residents with a catheter inserted and left in their bladder	0.8%	0.7% 0.1 pts worse	1.0% 0.2 pts better	Long Stay · 2024Q4-2025Q3 · Q1 1.1% · Q2 0.0% · Q3 1.1% · Q4 1.1% · 4Q avg 0.8% · Used in QM five-star
Percentage of long-stay residents with a urinary tract infection	1.3%	1.1% 0.2 pts worse	1.7% 0.4 pts better	Long Stay · 2024Q4-2025Q3 · Q1 0.0% · Q2 1.2% · Q3 3.9% · Q4 0.0% · 4Q avg 1.3% · Used in QM five-star
Percentage of long-stay residents with new or worsened bowel or bladder incontinence	12.5%	14.6% 2.1 pts better	19.8% 7.3 pts better	Long Stay · 2024Q4-2025Q3 · Q1 17.3% · Q2 13.9% · Q3 8.4% · Q4 9.9% · 4Q avg 12.5%
Percentage of long-stay residents with pressure ulcers	4.8%	4.6% 0.2 pts worse	5.1% 0.3 pts better	Long Stay · 2024Q4-2025Q3 · Q1 5.2% · Q2 3.2% · Q3 4.9% · Q4 5.9% · 4Q avg 4.8% · Used in QM five-star
Percentage of short-stay residents assessed and appropriately given the pneumococcal vaccine	94.7%	81.8% 12.9 pts better	81.7% 13 pts better	Short Stay · 2024Q4-2025Q3 · Q1 93.1% · Q2 92.0% · Q3 92.9% · Q4 100.0% · 4Q avg 94.7%
Percentage of short-stay residents who had an outpatient emergency department visit	30.1%	13.8% 16.3 pts worse	12.0% 18.1 pts worse	Short Stay · 20240701-20250630 · Adjusted 30.1% · Observed 33.3% · Expected 12.4% · Used in QM five-star
Percentage of short-stay residents who newly received an antipsychotic medication	0.0%	1.4% 1.4 pts better	1.6% 1.6 pts better	Short Stay · 2024Q4-2025Q3 · 4Q avg 0.0% · Used in QM five-star
Percentage of short-stay residents who were assessed and appropriately given the seasonal influenza vaccine	95.8%	77.9% 17.9 pts better	79.7% 16.1 pts better	Short Stay · 2024Q3-2025Q2 · 4Q avg 95.8%
Percentage of short-stay residents who were rehospitalized after a nursing home admission	24.5%	25.2% 0.7 pts better	23.9% 0.6 pts worse	Short Stay · 20240701-20250630 · Adjusted 24.5% · Observed 22.2% · Expected 21.7% · Used in QM five-star

Survey summary

Recent inspection cycles

Cycle 1 Health 2024-11-21 · Fire 2024-11-21

5 health deficiencies

Top issue: Nutrition and Dietary (2 deficiencies)

5 fire-safety deficiencies

Top issue: Smoke (3 deficiencies)

Cycle 2 Health 2023-12-15 · Fire 2023-12-15

20 health deficiencies

Top issue: Resident Rights (7 deficiencies)

9 fire-safety deficiencies

Top issue: Emergency Preparedness (3 deficiencies)

Cycle 3 Health 2022-09-29 · Fire 2022-09-29

16 health deficiencies

Top issue: Resident Rights (7 deficiencies)

4 fire-safety deficiencies

Top issue: Smoke (3 deficiencies)

Fire safety

Fire-safety citations

F · Potential for more than minimal harm 2024-11-21

K321 · Smoke Deficiencies

Fire Safety

Ensure that special areas are constructed so that walls can resist fire for one hour or have an approved fire extinguishing system.

Corrected 2024-12-21

F · Potential for more than minimal harm 2024-11-21

K347 · Smoke Deficiencies

Fire Safety

Properly provide smoke detection systems in areas open to corridors.

Corrected 2025-01-15

F · Potential for more than minimal harm 2024-11-21

K363 · Smoke Deficiencies

Fire Safety

Install corridor and hallway doors that block smoke.

Corrected 2024-12-30

F · Potential for more than minimal harm 2024-11-21

K781 · Miscellaneous Deficiencies

Fire Safety

Have restrictions on the use of portable space heaters.

Corrected 2024-12-30

F · Potential for more than minimal harm 2024-11-21

K920 · Gas, Vacuum, and Electrical Systems Deficiencies

Fire Safety

Ensure proper usage of power strips and extension cords.

Corrected 2024-12-30

F · Potential for more than minimal harm 2023-12-15

E15 · Emergency Preparedness Deficiencies

Fire Safety

Address subsistence needs for staff and patients.

Corrected 2024-01-06

F · Potential for more than minimal harm 2023-12-15

E31 · Emergency Preparedness Deficiencies

Fire Safety

Provide emergency officials' contact information.

Corrected 2024-01-06

F · Potential for more than minimal harm 2023-12-15

E39 · Emergency Preparedness Deficiencies

Fire Safety

Conduct testing and exercise requirements.

Corrected 2024-01-06

F · Potential for more than minimal harm 2023-12-15

K321 · Smoke Deficiencies

Fire Safety

Ensure that special areas are constructed so that walls can resist fire for one hour or have an approved fire extinguishing system.

Corrected 2024-01-06

F · Potential for more than minimal harm 2023-12-15

K712 · Miscellaneous Deficiencies

Fire Safety

Have simulated fire drills held at unexpected times.

Corrected 2024-01-06

F · Potential for more than minimal harm 2023-12-15

K920 · Gas, Vacuum, and Electrical Systems Deficiencies

Fire Safety

Ensure proper usage of power strips and extension cords.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

K324 · Smoke Deficiencies

Fire Safety

Provide properly protected cooking facilities.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

K344 · Smoke Deficiencies

Fire Safety

Have an alternate power supply for its alarm system.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

K741 · Miscellaneous Deficiencies

Fire Safety

Have posted "No-smoking" signs in areas where smoking is not permitted or ashtrays provided where smoking was allowed.

Corrected 2024-01-06

F · Potential for more than minimal harm 2022-09-29

K321 · Smoke Deficiencies

Fire Safety

Ensure that special areas are constructed so that walls can resist fire for one hour or have an approved fire extinguishing system.

Corrected 2022-10-29

F · Potential for more than minimal harm 2022-09-29

K355 · Smoke Deficiencies

Fire Safety

Properly select, install, inspect, or maintain portable fire extinguishes.

Corrected 2022-10-29

F · Potential for more than minimal harm 2022-09-29

K712 · Miscellaneous Deficiencies

Fire Safety

Have simulated fire drills held at unexpected times.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

K347 · Smoke Deficiencies

Fire Safety

Properly provide smoke detection systems in areas open to corridors.

Corrected 2022-10-29

Inspection history

Recent health citations

G · Actual harm 2025-09-12

F689 · Quality of Life and Care Deficiencies

Health

Ensure that a nursing home area is free from accident hazards and provides adequate supervision to prevent accidents.

Not marked corrected

J · Immediate jeopardy 2025-01-08

F600 · Freedom from Abuse, Neglect, and Exploitation Deficiencies

Health

Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment, and neglect by anybody.

Corrected 2025-01-08

D · Potential for more than minimal harm 2025-01-08

F609 · Freedom from Abuse, Neglect, and Exploitation Deficiencies

Health

Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.

Corrected 2025-01-08

D · Potential for more than minimal harm 2025-01-08

F656 · Resident Assessment and Care Planning Deficiencies

Health

Develop and implement a complete care plan that meets all the resident's needs, with timetables and actions that can be measured.

Corrected 2025-01-08

F · Potential for more than minimal harm 2024-11-21

F812 · Nutrition and Dietary Deficiencies

Health

Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.

Corrected 2024-12-21

F · Potential for more than minimal harm 2024-11-21

F838 · Administration Deficiencies

Health

Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.

Corrected 2024-12-21

D · Potential for more than minimal harm 2024-11-21

F761 · Pharmacy Service Deficiencies

Health

Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted professional principles; and all drugs and biologicals must be stored in locked compartments, separately locked, compartments for controlled drugs.

Corrected 2024-12-21

D · Potential for more than minimal harm 2024-11-21

F803 · Nutrition and Dietary Deficiencies

Health

Ensure menus must meet the nutritional needs of residents, be prepared in advance, be followed, be updated, be reviewed by dietician, and meet the needs of the resident.

Corrected 2024-12-21

E · Potential for more than minimal harm 2024-03-14

F569 · Resident Rights Deficiencies

Health

Notify each resident of certain balances and convey resident funds upon discharge, eviction, or death.

Corrected 2024-04-12

F · Potential for more than minimal harm 2023-12-15

F812 · Nutrition and Dietary Deficiencies

Health

Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F554 · Resident Rights Deficiencies

Health

Allow residents to self-administer drugs if determined clinically appropriate.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F558 · Resident Rights Deficiencies

Health

Reasonably accommodate the needs and preferences of each resident.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F584 · Resident Rights Deficiencies

Health

Honor the resident's right to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and supports for daily living safely.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F677 · Quality of Life and Care Deficiencies

Health

Provide care and assistance to perform activities of daily living for any resident who is unable.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F689 · Quality of Life and Care Deficiencies

Health

Ensure that a nursing home area is free from accident hazards and provides adequate supervision to prevent accidents.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F692 · Quality of Life and Care Deficiencies

Health

Provide enough food/fluids to maintain a resident's health.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F758 · Pharmacy Service Deficiencies

Health

Implement gradual dose reductions(GDR) and non-pharmacological interventions, unless contraindicated, prior to initiating or instead of continuing psychotropic medication; and PRN orders for psychotropic medications are only used when the medication is necessary and PRN use is limited.

Corrected 2024-01-06

E · Potential for more than minimal harm 2023-12-15

F919 · Environmental Deficiencies

Health

Make sure that a working call system is available in each resident's bathroom and bathing area.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F574 · Resident Rights Deficiencies

Health

The resident has the right to receive notices in a format and a language he or she understands.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F577 · Resident Rights Deficiencies

Health

Allow residents to easily view the nursing home's survey results and communicate with advocate agencies.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F578 · Resident Rights Deficiencies

Health

Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F657 · Resident Assessment and Care Planning Deficiencies

Health

Develop the complete care plan within 7 days of the comprehensive assessment; and prepared, reviewed, and revised by a team of health professionals.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F686 · Quality of Life and Care Deficiencies

Health

Provide appropriate pressure ulcer care and prevent new ulcers from developing.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F880 · Infection Control Deficiencies

Health

Provide and implement an infection prevention and control program.

Corrected 2024-01-06

D · Potential for more than minimal harm 2023-12-15

F883 · Infection Control Deficiencies

Health

Develop and implement policies and procedures for flu and pneumonia vaccinations.

Corrected 2024-01-06

F · Potential for more than minimal harm 2022-09-29

F812 · Nutrition and Dietary Deficiencies

Health

Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F550 · Resident Rights Deficiencies

Health

Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F569 · Resident Rights Deficiencies

Health

Notify each resident of certain balances and convey resident funds upon discharge, eviction, or death.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F583 · Resident Rights Deficiencies

Health

Keep residents' personal and medical records private and confidential.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F584 · Resident Rights Deficiencies

Health

Honor the resident's right to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and supports for daily living safely.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F609 · Freedom from Abuse, Neglect, and Exploitation Deficiencies

Health

Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F610 · Freedom from Abuse, Neglect, and Exploitation Deficiencies

Health

Respond appropriately to all alleged violations.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F644 · Resident Assessment and Care Planning Deficiencies

Health

Coordinate assessments with the pre-admission screening and resident review program; and referring for services as needed.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F695 · Quality of Life and Care Deficiencies

Health

Provide safe and appropriate respiratory care for a resident when needed.

Corrected 2022-10-29

E · Potential for more than minimal harm 2022-09-29

F883 · Infection Control Deficiencies

Health

Develop and implement policies and procedures for flu and pneumonia vaccinations.

Corrected 2022-10-29

D · Potential for more than minimal harm 2022-09-29

F585 · Resident Rights Deficiencies

Health

Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.

Corrected 2022-10-29

D · Potential for more than minimal harm 2022-09-29

F760 · Pharmacy Service Deficiencies

Health

Ensure that residents are free from significant medication errors.

Corrected 2022-10-29

D · Potential for more than minimal harm 2022-09-29

F804 · Nutrition and Dietary Deficiencies

Health

Ensure food and drink is palatable, attractive, and at a safe and appetizing temperature.

Corrected 2022-10-29

D · Potential for more than minimal harm 2022-09-29

F805 · Nutrition and Dietary Deficiencies

Health

Ensure each resident receives and the facility provides food prepared in a form designed to meet individual needs.

Corrected 2022-10-29

B · Minimal harm 2022-09-29

F582 · Resident Rights Deficiencies

Health

Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.

Corrected 2022-09-29

B · Minimal harm 2022-09-29

F623 · Resident Rights Deficiencies

Health

Provide timely notification to the resident, and if applicable to the resident representative and ombudsman, before transfer or discharge, including appeal rights.

Corrected 2022-09-29

Penalties and ownership