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ROBERT L. EHRLICH, JR., Governor Ch. 232
result of a serious or life-threatening patient care deficiency identified by the Joint
Commission on Accreditation of Healthcare Organizations, the Centers for Medicare
and Medicaid Services, or the Department: AND
(41 HEALTH CARE FACILITIES THAT FAIL TO ACHIEVE SUBSTANTIAL
COMPLIANCE WITH THE STANDARDS OF AN APPROVED ACCREDITATION
ORGANIZATION UNDER § 19-2302(C)(2) OF THIS TITLE.
(b) (1) If conditions are found to he detrimental to patient health, safety, or
welfare, the Department shall allow the hospital, [or] residential treatment center, OR
HEALTH CARE FACILITY 30 days to address the deficiencies in other than serious or
life-threatening situations.
(2) If corrections cannot he completed within the 30-day period, the
Department may accept a plan of correction from the hospital. [or] residential
treatment center, OR HEALTH CARE FACILITY based upon evidence that corrective
action has been undertaken by the hospital or residential treatment center.
(3) Periodic updates of the plan of correction from the hospital, [or]
residential treatment center. OR HEALTH CARE FACILITY may be requested by the
Department.
(c) If a serious or life-threatening condition is found to exist, the Department
may order the hospital, [or] residential treatment center, OR HEALTH CARE FACILITY
to initiate immediate corrective action, and the hospital or residential treatment center
shall be subject to inspection by the Department under § 19-308 of this subtitle.
(d) If the Secretary determines that a serious or life-threatening patient care
deficiency exists and the hospital, [or] residential treatment center, OR HEALTH CARE
FACILITY fails to correct the deficiency through implementation of immediate
corrective action, the Secretary may:
(1) For an accredited hospital or accredited residential treatment center:
(i) Revoke or restrict the licensure entitlement of [§ 19-319(c)(2)(i)]
§ 19-319(C)(2) of this subtitle;
(ii) Impose a civil monetary penalty of not more than $10,000 per
instance or per day.
(iii) Impose a directed plan of correction; and
(iv) Impose appropriate operating conditions.
(2) For an unaccredited hospital OR HEALTH CARE FACILITY;
(i) Revoke or restrict the license to operate:
(ii) Impose a civil monetary penalty of not more than $10.000 per
instance or per day;
(iii) Impose a directed plan of correction: and
(iv) Impose appropriate operating conditions.
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