; and (II) has not, in the determination of the Secretary, corrected the deficiencies in quality of care for which such civil monetary penalty was assessed. (ii) Rescission of disapproval The Secretary shall rescind a disapproval under clause (i) upon demonstration by a nursing facility that— (I) all deficiencies for which the civil monetary penalty described in clause (i)(I) was assessed have been remedied; (II) the facility has not received deficiencies related to direct patient harm for substandard quality of care deficiencies in the prior 2 years