Section 19-1404 - Amount of penalty. - Maryland Statutes

§ 19-1404. Amount of penalty.
 

(a)  Minimal harm deficiencies.- A civil money penalty imposed under this section for potential for more than minimal harm deficiencies: 

(1) May not exceed $10,000 per instance; or 

(2) May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance. 

(b)  Actual harm deficiencies.- A civil money penalty imposed under this subtitle for actual harm deficiencies: 

(1) May not exceed $10,000 per instance; or 

(2) May not exceed $5,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance. 

(c)  Serious and immediate threat.- A civil money penalty imposed under this section for a serious and immediate threat: 

(1) May not exceed $10,000 per instance; or 

(2) May not exceed $10,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance. 

(d)  Factors.- In setting the amount of a civil money penalty under this section, 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 degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies; 

(3) The efforts made by the nursing home to correct the deficiency or deficiencies; 

(4) Current federal guidelines for money penalties; 

(5) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing home to continue operating as a nursing home; and 

(6) Such other factors as justice may require. 
 

[1989, ch. 134; 1991, ch. 659, § 1; 2000, chs. 217, 218, 219, 488.]