Md. Code Regs. 10.07.04.19 - Civil Money Penalties
A. Civil
Money Penalties. The Secretary may impose a civil money penalty on a person if:
(1) The person maintains or operates an
unlicensed center; or
(2) A serious
or life-threatening patient care deficiency exists and the center fails to
correct the deficiency through immediate corrective action.
B. In determining whether a civil
money penalty is to be imposed, the Secretary shall consider the following
factors:
(1) Number, nature, and seriousness
of the patient care deficiencies;
(2) The extent to which the patient care
deficiency or deficiencies are part of an ongoing pattern during the preceding
24 months;
(3) The degree of risk
to the health, life, or safety of the residents of the center that is caused by
the patient care deficiency or deficiencies;
(4) The efforts made by, and the ability of
the center to correct, the patient care deficiency or deficiencies through
implementation of immediate corrective action; and
(5) The center's prior history of
compliance.
C. If the
Department determines that a person has been operating an unlicensed center,
the Department may impose a civil money penalty not to exceed
$10,000.
D. If the Department
determines that a serious or life-threatening deficiency or an ongoing pattern
of deficiencies exists, the Department shall notify the center of the
deficiency or deficiencies and may:
(1) Impose
a per-day civil money penalty not to exceed $10,000 until sustained compliance
has been achieved;
(2) Permit the
center the opportunity to correct the deficiencies by a specific date;
or
(3) Impose a per-instance civil
money penalty not to exceed $10,000 for each instance of violation.
E. If the Department permits a
center the opportunity to correct the deficiencies by a specific date, and the
center fails to comply with this requirement, the Department may impose a
per-day civil money penalty for each day of violation until correction of the
deficiency or deficiencies has been verified and sustained compliance has been
maintained.
F. If the Department
proposes to impose a civil money penalty, the Secretary shall issue an order
which shall state the:
(1) Deficiency or
deficiencies on which the order is based;
(2) Amount of civil money penalties to be
imposed; and
(3) Manner in which
the amount of civil money penalties imposed was calculated.
G. A center subject to a civil
money penalty under this regulation may request a hearing as set forth in
accordance with Regulation . 20 of this chapter.
Notes
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