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Ch. 478 2006 LAWS OF MARYLAND
INCLUDING THE NATURE, NUMBER, AND SERIOUSNESS OF THE VIOLATIONS AND
THE ABILITY OF THE ASSISTED LIVING PROGRAM TO PAY THE PENALTY.
(B) (1) (I) A PERSON MAY NOT ADVERTISE, REPRESENT, OR IMPLY TO THE
PUBLIC THAT AN ASSISTED LIVING PROGRAM IS AUTHORIZED TO PROVIDE A
SERVICE THAT THE PROGRAM IS NOT LICENSED, CERTIFIED, OR OTHERWISE
AUTHORIZED BY THE DEPARTMENT TO PROVIDE WHEN THE LICENSE, CERTIFICATE,
OR AUTHORIZATION IS REQUIRED UNDER THIS SUBTITLE.
(II) A PERSON MAY NOT ADVERTISE AN ASSISTED LIVING PROGRAM
IN A MISLEADING OR FRAUDULENT MANNER
(2) (I) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION
IS SUBJECT TO A CIVIL MONEY PENALTY IMPOSED BY THE SECRETARY NOT
EXCEEDING $10,000 FOR EACH OFFENSE.
(II) IN SETTING THE AMOUNT OF A CIVIL MONEY PENALTY ON THE
PROGRAM UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE SECRETARY SHALL
CONSIDER FACTORS INCLUDING THE NATURE. NUMBER AND SERIOUSNESS OF THE
VIOLATIONS AND THE ABILITY OF THE ASSISTED LIVING PROGRAM TO PAY THE
PENALTY.
19-1809.
(A) AN ASSISTED LIVING PROGRAM MAY REQUEST AN APPEAL OF A CIVIL
MONEY PENALTY IMPOSED UNDER THIS SUBTITLE.
(B) A HEARING ON THE APPEAL SHALL BE HELD IN ACCORDANCE WITH:
(1) THE ADMINISTRATIVE PROCEDURE ACT UNDER TITLE 10, SUBTITLE 2
OF THE STATE GOVERNMENT ARTICLE; AND
(2) REGULATIONS ADOPTED BY THE SECRETARY.
19-1810.
(A) (1) THERE IS A HEALTH CARE QUALITY ACCOUNT FOR ASSISTED LIVING
PROGRAMS ESTABLISHED IN THE DEPARTMENT.
(2) THE ACCOUNT SHALL BE FUNDED BY CIVIL MONEY PENALTIES PAID
BY ASSISTED LIVING PROGRAMS AND OTHER PENALTIES THAT THE OFFICE OF
HEALTH CARE QUALITY MAY ASSESS.
(3) THE DEPARTMENT SHALL PAY ALL PENALTIES COLLECTED UNDER
THIS TITLE TO THE COMPTROLLER
(4) THE COMPTROLLER SHALL DISTRIBUTE FUNDS COLLECTED UNDER
THIS TITLE TO THE HEALTH CARE QUALITY ACCOUNT FOR ASSISTED LIVING
PROGRAMS.
(5) THE ACCOUNT IS A CONTINUING, NONLAPSING FUND, NOT SUBJECT
TO § 7-302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
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