Ch. 134

LAWS OF MARYLAND

IS BASED, THE AMOUNT OF CIVIL MONEY PENALTIES TO BE IMPOSED, AND
THE MANNER IN WHICH THE AMOUNT OF CIVIL MONEY PENALTIES IMPOSED
WAS CALCULATED.

(B) AN ORDER ISSUED PURSUANT TO SUBSECTION (A) OF THIS
SECTION SHALL BE VOID UNLESS ISSUED WITHIN 60 DAYS OF THE LATER
OF:

(1)  THE INSPECTION AT WHICH THE DEFICIENCY IS
IDENTIFIED;

(2)  THE DATE IDENTIFIED IN § 19-1403(A)(2); OR

(3)  THE DATE IDENTIFIED IN § 19-1403(C)(1).
19-1405.

(A)  A CIVIL MONEY PENALTY IMPOSED UNDER THIS SECTION MAY
NOT EXCEED A TOTAL OF $5,000 PER DAY IN WHICH SERIOUS OR LIFE
THREATENING DEFICIENCIES EXIST.

(B)  A CIVIL MONEY PENALTY IMPOSED UNDER THIS SECTION MAY
NOT EXCEED $50,000 IN TOTAL.

(C)   IN SETTING THE AMOUNT OF A CIVIL MONEY PENALTY UNDER
THIS SECTION, 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 DEGREE OF RISK TO THE HEALTH, LIFE, OR SAFETY
OF THE RESIDENTS OF THE NURSING FACILITY CAUSED BY THE DEFICIENCY
OR DEFICIENCIES;

(3)  THE EFFORTS MADE BY THE NURSING FACILITY TO
CORRECT THE DEFICIENCY OR DEFICIENCIES;

(4)  WHETHER THE AMOUNT OF THE PROPOSED CIVIL MONEY
PENALTY WILL JEOPARDIZE THE FINANCIAL ABILITY OF THE NURSING
FACILITY TO CONTINUE OPERATING AS A NURSING FACILITY; AND

(5)  SUCH OTHER FACTORS AS JUSTICE MAY REQUIRE.

19-1406.

(A) THE NURSING FACILITY SHALL PROVIDE WRITTEN NOTICE TO
THE DEPARTMENT WHEN THE DEFICIENCY OR DEFICIENCIES IDENTIFIED IN
THE NOTICE ISSUED PURSUANT TO § 19-1404 ARE SUBSTANTIALLY
CORRECTED.

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