§ 19-1402
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/md/health-general/19-1402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§19–1402.
(a)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)A civil money penalty may be imposed when a deficiency exists or an ongoing pattern of deficiencies exists in a nursing home.
(c)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)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.