Section 19-1402 - Imposition of penalties generally. - Maryland Statutes

§ 19-1402. Imposition of penalties generally.
 

(a)  Sanctions.- If a deficiency exists, the Secretary may impose sanctions that include: 

(1) A directed plan of correction with corrective measures necessary to protect residents; 

(2) Imposing adequate staffing levels in a nursing home; 

(3) Appointing a State monitor subject to § 19-1405 of this subtitle; and 

(4) Imposing a civil money penalty. 

(b)  Standard.- A civil money penalty may be imposed when a deficiency exists or an ongoing pattern of deficiencies exists in a nursing home. 

(c)  Factors.- In determining whether a civil money penalty is to be imposed, the Secretary shall consider, pursuant to guidelines set forth in regulations promulgated by the Secretary, the following factors: 

(1) The number, nature, and seriousness of the deficiencies; 

(2) The extent to which the 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 nursing home caused by the deficiency or deficiencies; 

(4) The efforts made by, and the ability of, the nursing home to correct the deficiency or deficiencies; and 

(5) A nursing home's prior history of compliance. 

(d)  Notice.- Upon determination by the Department that a deficiency or deficiencies exist, the Department shall notify the nursing home that: 

(1) Unless corrective action taken pursuant to this section is substantially completed, a civil money penalty will be imposed; or 

(2) An order imposing a civil money penalty will be issued, pursuant to § 19-1403 of this subtitle which shall include a list of all deficiencies and notice that a civil money penalty may be imposed until the time that the cited deficiencies have been rectified. 
 

[1989, ch. 134; 1991, ch. 659, § 1; 1992, ch. 22, § 1; 2000, chs. 217, 218, 219, 488; 2004, ch. 25, § 6.]