§ 10-497
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/md/human-services/10-497A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§10–497.
(a)The Secretary may impose a civil money penalty against a provider for an action or inaction that violates this subtitle or any regulation adopted by the Department under this subtitle.
(1)Before imposing a civil money penalty under subsection
(a)of this section, the Department shall issue a notice of violation to the provider.
(2)The notice shall state:
(i)when the provider must submit a plan of correction that is acceptable to the Department;
(ii)when each identified violation must be substantially corrected, which may not be less than 30 days; and
(iii)that failure to submit an acceptable plan of correction as required under item
(i)of this paragraph or to correct an identified violation may result in an order imposing a civil money penalty under subsection
(d)of this section.
(c)If at the expiration of the time set forth in the notice required under subsection
(b)of this section the Department determines a violation has not been corrected, the Secretary may:
(1)extend the time in which the violation must be corrected; or
(2)impose a civil money penalty under subsection
(d)of this section.
(1)The Secretary may impose a civil money penalty not exceeding $5,000 for each violation.
(2)In setting the amount of a civil money penalty under this section, the Secretary shall consider the following factors:
(i)the number, nature, and seriousness of the violations;
(ii)the degree of risk to the health, life, or physical or financial safety of the subscribers caused by the violations;
(iii)the efforts made by the provider to correct the violations;
(iv)whether the amount of the proposed civil money penalty will jeopardize the financial ability of the provider to continue operating; and
(v)other factors as justice may require.
(3)If a civil money penalty is imposed under this section, the Department shall issue an order stating:
(i)the basis on which the order is made;
(ii)each regulation or statute violated;
(iii)each civil money penalty imposed and the total amount of the civil money penalty imposed; and
(iv)the manner in which the amount of the civil money penalty was calculated.
(i)The Department shall provide written notice to a provider of the imposition of a civil money penalty.
(ii)The notice shall be served on the provider by certified mail and shall include the order and a statement on how to file an administrative appeal.
(5)If a civil money penalty is imposed under this section, the provider has the right to appeal from the order in accordance with Title 10, Subtitle 2 of the State Government Article.
(1)A provider shall pay a civil money penalty to the Department within 10 days after the provider receives a final order imposing the civil money penalty.
(2)An order imposing a civil money penalty is final when the provider has exhausted all opportunities to contest the civil penalty in accordance with Title 10, Subtitle 2 of the State Government Article.
(3)If a provider does not comply with this section, the Department may file a civil action to recover the penalty.
(4)The Department shall deposit all civil money penalties collected under this section into the General Fund.