105 CMR 153.024 - Penalties
(A) Pursuant to M.G.L. c. 111, §73,
operation of a long-term care facility without a license constitutes a
violation of law punishable for a first offense by a fine of not more than $500
and for a subsequent offense by a fine of not more than $1,000 or imprisonment
for not more than two years.
(B)
Violation of any provision of M.G.L. c. 111, §§ 71 through 73, by a
person licensed thereunder, is punishable for a first offense by a fine of not
more than $500 and for a subsequent offense by a fine of not more than $1,000
or by imprisonment for not more than two years.
(C) Whoever violates any rule or regulation
of the Department, promulgated pursuant to M.G.L. c. 111, §§ 71, 72
or 72C, shall be punished by such fine, not to exceed $50.00, as the Department
may establish. If any person violates any such rule or regulation by allowing a
condition to exist that may be corrected or remedied, the Department shall
order him or her in writing, to correct or remedy such conditions; and if such
person fails or refuses to comply with such order, each day during which such
failure or refusal to comply continues shall constitute a separate
offense.
(D) A licensee is
prohibited from acquiring any additional facilities or increasing the bed quota
of any existing facilities for five years from the date of the conviction,
guilty plea or admission, except with the explicit permission of the Public
Health Council, if the licensee has been convicted of, pleaded guilty or
nolo contendere to, or have, in a judicial proceeding,
admitted facts sufficient to find that he or she is guilty of:
(1) abuse, mistreatment or neglect of any
resident of a long-term care facility;
(2) rape, felonious assault or any other
felony against a person; or
(3) a
felony involving the misuse of funds in connection with the Medicaid or
Medicare program, or the misuse of resident funds, even if the licensee has
been determined suitable for continued licensure pursuant to formal settlement
agreements or previous regulations.
Notes
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