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§ 19-1404. Calculation of civil money penalties

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 19. Health Care Facilities (Refs & Annos)
Subtitle 14. Nursing Homes
MD Code, Health - General, § 19-1404
§ 19-1404. Calculation of civil money penalties
Currentness
Potential for more than minimal harm deficiencies
(a) 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.
Actual harm deficiencies
(b) 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.
Serious and immediate threats
(c) 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.
Factors considered in setting amount of penalty
(d) 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.

Credits

Added as Health-General § 19-1405 by Acts 1989, c. 134, § 1, eff. July 1, 1989. Amended by Acts 1991, c. 659, § 1, eff. July 1, 1991. Renumbered as Health-General § 19-1404 and amended by Acts 2000, c. 219, § 1, eff. May 11, 2000; Acts 2000, c. 488, § 1, eff. May 11, 2000. Amended by Acts 2000, c. 217, § 1, eff. Oct. 1, 2000; Acts 2000, c. 218, § 1, eff. Oct. 1, 2000.
MD Code, Health - General, § 19-1404, MD HEALTH GEN § 19-1404
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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