HARRY HUGHES, Governor                                  1281

WHERE THE HOSPITAL CHARGED WITH A VIOLATION OF THIS SECTION
HAS NOT REQUESTED A HEARING, A CIVIL PENALTY SHALL BE
ASSESSED AND IMPOSED ONLY AFTER THE SECRETARY OR HIS
DESIGNEE HAS DETERMINED THAT NONCOMPLIANCE DID OCCUR AND
THAT THE AMOUNT OF THE PENALTY IS WARRANTED. THE CIVIL
PENALTY MAY NOT EXCEED $500 FOR EACH DAY THAT THE DEFICIENT
CONDITION CONTINUES AS CALCULATED FROM THE DATE THAT THE
DEPARTMENT FIRST NOTIFIED THE HOSPITAL IN WRITING OF THE
EXISTENCE OF THE DEFICIENT CONDITION.

(2) IN DETERMINING WHETHER OR NOT TO ASSESS OR
IMPOSE A CIVIL PENALTY, THE SECRETARY OR HIS DESIGNEE, SHALL
CONSIDER:

(I) THE SERIOUSNESS OF THE DEFICIENT

CONDITION IN TERMS OF POTENTIAL OR ACTUAL HAZARD TO THE
HEALTH, SAFETY, AND WELFARE OF HOSPITAL PATIENTS OR OTHERS,

(II) THE HISTORY OF VIOLATIONS AT THE
PARTICULAR HOSPITAL;

(III) THE WILLFULNESS OF THE VIOLATION;
AND

(IV) ANY DEMONSTRATED GOOD FAITH BY THE
HOSPITAL IN ATTEMPTING CORRECTIVE ACTION.

(3) THE CIVIL PENALTY IS PAYABLE TO THE STATE
AND COLLECTIBLE IN ANY MANNER PROVIDED AT LAW FOR THE
COLLECTION OF DEBTS. IF ANY HOSPITAL LIABLE TO PAY THE
PENALTY NEGLECTS OR REFUSES TO PAY IT AFTER DEMAND, THE
AMOUNT, TOGETHER WITH ANY INTEREST AND ANY COSTS WHICH MAY
ACCRUE, SHALL BE A LIEN IN FAVOR OF THE STATE UPON THE
PROPERTY, BOTH REAL AND PERSONAL, OF THE HOSPITAL, AND SHALL
BE RECORDED IN THE CLERK OF COURT'S OFFICE FOR THE POLITICAL
SUBDIVISION IN WHICH THE PROPERTY IS LOCATED.

(4) ANY CIVIL PENALTY ASSESSED AND IMPOSED UNDER
THIS SECTION MAY NOT BE CONSIDERED AS AN ALLOWABLE COST FOR
PURPOSES OF A RATE DETERMINATION BY THE HEALTH SERVICES COST
REVIEW COMMISSION. THE SECRETARY SHALL NOTIFY THE HEALTH
SERVICES COST REVIEW COMMISSION OF ALL FINES.

(5) (C) THE REMEDIES PROVIDED BY THIS SECTION
ARE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO THE
DEPARTMENT AT LAW OR EQUITY.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s)
19-301(b) through (f) and (g) through (k), respectively, of
Article - Health - General, of the Annotated Code of

Maryland (as enacted by Chapter ____ (H.B. 200) of the Acts

of the General Assembly of 1982) be renumbered to be
Section(s) 1.9-301 (c) through (g) and (i) through (m),
respectively.