Md. Code Regs. 10.07.02.71 - Civil Money Penalties - Amount of Penalty
A. A civil money penalty imposed under this
chapter for potential for more than minimal harm deficiencies may not exceed:
(1) $10,000 per instance; or
(2) $1,000 per day for an ongoing pattern of
deficiencies until correction of the deficiencies has been verified and
sustained compliance has been maintained.
B. A civil money penalty imposed under this
chapter for actual harm deficiencies may not exceed:
(1) $10,000 per instance; or
(2) $5,000 per day for an ongoing pattern of
deficiencies until correction of the deficiencies has been verified and
sustained compliance has been maintained.
C. A civil money penalty imposed under this
chapter for a serious and immediate threat may not exceed:
(1) $10,000 per instance; or
(2) $10,000 per day for an ongoing pattern of
deficiencies until correction of the deficiencies has been verified and
sustained compliance has been maintained.
D. In setting the amount of a civil money
penalty, the Department shall consider the following factors:
(1) The number, nature, and seriousness of
the deficiencies;
(2) The degree of
risk to the health, life, or safety of the residents of the nursing facility
caused by the deficiency or deficiencies;
(3) The efforts made by, and the ability of,
the nursing facility to correct the deficiency or deficiencies;
(4) Current federal guidelines for civil
money penalties;
(5) Whether the
amount of the proposed civil money penalty will jeopardize the financial
ability of the nursing facility to continue operating as a nursing
facility;
(6) A nursing facility's
prior history of compliance; and
(7) Such other factors as justice may
require.
Notes
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