§ 19-1404
250 words·~1 min read·
/md/health-general/19-1404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§19–1404.
(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.
(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.
(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.
(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.