Md. Code Regs. 10.01.16.09 - Penalties

A. Damages. As provided in Health-General Article, §4-403(g)(1), Annotated Code of Maryland, a health care provider, record management service, or other person who knowingly violates any provision of Health-General Article, Title 4, Subtitle 4, is liable in court for actual damages.

B. Fines.

(1) A health care facility that knowingly violates this chapter is subject to an administrative fine not to exceed $10,000 for all violations cited in a single day.

(2) In addition to any other penalties provided, an individual who is a health care provider, an agent, employee, officer, or director of a health care provider, or a records management service, who knowingly violates this chapter, is subject to administrative fines as follows:

(a) The first fine or set of fines assessed in a single day may not exceed $1,000;

(b) The second fine or second set of fines assessed concurrently for all violations cited in a single day may not exceed $2,500; and

(c) The third or subsequent fine assessed, or third or subsequent set of fines assessed concurrently, for all violations cited in a single day may not exceed $5,000.

C. Factors to be Considered in the Assessment of Penalties. When considering whether to impose an administrative penalty and the amount of the penalty, the Secretary, the Office of Health Care Quality, or the appropriate health occupations board shall consider the following factors:

(1) The nature and seriousness of the violations;

(2) The willfulness of the violation or violations;

(3) The history of previous violations;

(4) The extent of the actual harm or potential risk of divulging confidential information;

(5) The efforts made to correct the violation or violations in a timely manner; and

(6) The existence of mitigating factors.

Notes

Md. Code Regs. 10.01.16.09