Ch. 134

LAWS OF MARYLAND

(B)   "DEFICIENCY" SHALL MEAN ANY FAILURE OF A NURSING
FACILITY TO MEET THE REQUIREMENTS OF THIS SUBTITLE OR ANY RULE OR
REGULATION THAT THE SECRETARY ADOPTS UNDER THIS SUBTITLE, AND, IN
THE CASE OF A NURSING FACILITY THAT PARTICIPATES IN THE MARYLAND
MEDICAID PROGRAM UNDER TITLE 15 OF THIS ARTICLE AS A NURSING
FACILITY, ANY FAILURE TO MEET THE REQUIREMENTS OF § 1919(B), (C),
OR (D) OF THE FEDERAL SOCIAL SECURITY ACT (42 U.S.C. § 1396R(B),
(C), OR (D)), THAT IS SERIOUS OR LIFE THREATENING.

(C)   "LIFE THREATENING" SHALL MEAN A CONDITION EXISTING IN A
NURSING FACILITY THAT PRESENTS AN IMMINENT DANGER OF HEALTH OR
SERIOUS MENTAL OR PHYSICAL HARM TO THE RESIDENTS OF THE NURSING
FACILITY AND MUST BE REMEDIED IMMEDIATELY TO INSURE THEIR HEALTH,
SAFETY, AND WELFARE.

(D)  "NURSING FACILITY" MEANS A FACILITY (OTHER THAN A
FACILITY OFFERING DOMICILIARY OF OR PERSONAL CARE AS DEFINED IN
SUBTITLE 3 OF THIS TITLE) WHICH OFFERS NONACUTE INPATIENT CARE TO
PATIENTS SUFFERING FROM A DISEASE, CONDITION, DISABILITY OF
ADVANCED AGE, OR TERMINAL DISEASE REQUIRING MAXIMAL NURSING CARE
WITHOUT CONTINUOUS HOSPITAL SERVICES AND WHO REQUIRE MEDICAL
SERVICES AND NURSING SERVICES RENDERED BY OR UNDER THE
SUPERVISION OF A LICENSED NURSE TOGETHER WITH CONVALESCENT
SERVICES, RESTORATIVE SERVICES, OR REHABILITATIVE SERVICES.

(E)   "SERIOUS" MEANS A CONDITION EXISTING IN A NURSING
FACILITY THAT DOES NOT CONSTITUTE A LIFE THREATENING, HEALTH, OR
FIRE SAFETY DEFICIENCY, BUT WHICH IS A VIOLATION OF DEPARTMENTAL
REGULATIONS WHICH AND IS LIKELY TO ENDANGER THE HEALTH, LIFE, OR
SAFETY OF PATIENTS.

19-1402.

(A)  A CIVIL MONEY PENALTY MAY BE IMPOSED WHEN THERE IS
CLEAR AND CONVINCING EVIDENCE OF AN ONGOING PATTERN OF SERIOUS OR
LIFE THREATENING DEFICIENCIES IN A NURSING FACILITY.

(B)  IN DETERMINING WHETHER A CIVIL MONEY PENALTY IS TO BE
IMPOSED, 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 EXTENT TO WHICH THE DEFICIENCY OR
DEFICIENCIES ARE PART OF AN ONGOING PATTERN DURING THE PRECEDING
24 MONTHS;

(3)  THE DEGREE OF RISK TO THE HEALTH, LIFE, OR SAFETY
OF THE RESIDENTS OF THE NURSING FACILITY CAUSED BY THE DEFICIENCY
OR DEFICIENCIES;

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