Md. Code Regs. 10.01.16.09 - Penalties
A. Damages. As
provided in Health-General Article, ยง4-403(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
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