WILLIAM DONALD SCHAEFER, Governor Ch. 134

(4)  THE EFFORTS MADE BY, AND THE ABILITY OF, THE
NURSING FACILITY TO CORRECT THE DEFICIENCY OR DEFICIENCIES; AND

(5)  SUCH OTHER FACTORS AS JUSTICE MAY REQUIRE.

(C) UPON DETERMINATION BY THE DEPARTMENT THAT AN ONGOING
PATTERN OF SERIOUS OR LIFE THREATENING DEFICIENCIES EXIST, THE
DEPARTMENT SHALL NOTIFY THE NURSING FACILITY THAT:

(1)  UNLESS CORRECTIVE ACTION TAKEN PURSUANT TO §
19-1403 IS SUBSTANTIALLY COMPLETED, A CIVIL MONEY PENALTY WILL BE
IMPOSED; OR

(2)  AN ORDER IMPOSING A CIVIL MONEY PENALTY WILL BE
ISSUED, PURSUANT TO § 19-1404 WHICH SHALL INCLUDE A LIST OF ALL
DEFICIENCIES AND NOTICE THAT A CIVIL MONEY PENALTY MAY BE IMPOSED
UNTIL THE TIME THAT THE CITED DEFICIENCIES HAVE BEEN RECTIFIED.

19-1403.

(A)  IF THE SECRETARY ISSUES A NOTICE PURSUANT TO §
19-1402{C)(1), THAT NOTICE SHALL PROVIDE:

(1)  THE TIME IN WHICH A PLAN OF CORRECTION ACCEPTABLE
TO THE DEPARTMENT IS TO BE SUBMITTED;

(2)  THE TIME IN WHICH THE IDENTIFIED DEFICIENCY OR
DEFICIENCIES MUST BE SUBSTANTIALLY CORRECTED; AND

(3)  THAT FAILURE TO SUBMIT AN ACCEPTABLE PLAN OF
CORRECTION PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION OR TO
SUBSTANTIALLY CORRECT THE IDENTIFIED DEFICIENCY OR DEFICIENCIES
PURSUANT TO PARAGRAPH (2) OF THIS SUBSECTION MAY RESULT IN AN
ORDER IMPOSING A CIVIL MONEY PENALTY PURSUANT TO § 19-1404.

(B)  AT THE EXPIRATION OF THE TIME SET FORTH IN SUBSECTION
(A)(2) OF THIS SECTION, THE DEPARTMENT SHALL SCHEDULE A
REINSPECTION OF THE NURSING FACILITY TO DETERMINE WHETHER THE
DEFICIENCY OR DEFICIENCIES HAVE BEEN SUBSTANTIALLY CORRECTED.

(C)  FOLLOWING THE REINSPECTION THE DEPARTMENT MAY:

(1)  EXTEND THE TIME FRAME IN WHICH THE DEFICIENCY
MUST BE CORRECTED; OR

(2)  PROPOSE THE IMPOSITION OF A CIVIL MONEY PENALTY
PURSUANT TO § 19-1404.

19-1404.

(A) IF A CIVIL MONEY PENALTY IS PROPOSED, THE SECRETARY
SHALL ISSUE AN ORDER WHICH SHALL STATE THE BASIS ON WHICH THE
ORDER IS MADE, THE DEFICIENCY OR DEFICIENCIES ON WHICH THE ORDER

- 1899 -