Ch. 134

LAWS OF MARYLAND

(1)  THE EXISTENCE OF A DEFICIENCY OR DEFICIENCIES;
AND

(2)  THE AMOUNT OF THE CIVIL MONEY PENALTY.

(L) (1) THE SECRETARY HAS THE BURDEN OF PROOF WITH RESPECT
TO THE BASIS FOR IMPOSITION OF THE CIVIL MONEY PENALTY UNDER §
19-1402 AND THE AMOUNT OF THE CIVIL MONEY PENALTY UNDER §
19-1405.

(2) THE SECRETARY MUST MEET HIS BURDEN OF PROOF BY
CLEAR AND CONVINCING EVIDENCE.

(M) A DECISION SHALL BE RENDERED BY THE HEARINGS OFFICE
WITHIN 7 DAYS OF THE HEARING. THE DECISION SHALL BE THE FINAL
AGENCY DECISION OF THE DEPARTMENT, SUBJECT TO JUDICIAL APPEAL.

19-1408.

(A)  A NURSING FACILITY SUBJECT TO A CIVIL MONEY PENALTY
SHALL HAVE THE RIGHT TO APPEAL A DECISION OF THE HEARINGS OFFICE
UPHOLDING THE FINDING OF A DEFICIENCY OR DEFICIENCIES OR THE
IMPOSITION OF A CIVIL MONEY PENALTY.

(B)  SUCH APPEAL SHALL BE FILED WITHIN 30 DAYS OF THE ACTION
TO BE APPEALED.

(C)  THE APPEAL UNDER SUBSECTION (B) OF THIS SECTION SHALL
BE TAKEN DIRECTLY TO THE CIRCUIT COURT OF THE JURISDICTION IN
WHICH THE NURSING FACILITY IS LOCATED.

19-1409.

(A)  ALL CIVIL MONEY PENALTIES IMPOSED UNDER THIS SECTION
SHALL BE PLACED IN AN INTEREST BEARING ACCOUNT DURING ANY APPEAL
UNDER § 19-1407 OR § 19-1408.

(B)  IF THE CIVIL MONEY PENALTY IS REVERSED AS A RESULT OF
AN APPEAL FILED BY THE NURSING FACILITY, THE AMOUNT OF THE CIVIL
MONEY PENALTY, WITH INTEREST, SHALL BE RETURNED TO THE NURSING
FACILITY WITHIN 14 DAYS OF THE REVERSAL.

(C)   IF THE CIVIL MONEY PENALTY IS NOT APPEALED OR IF IT IS
UPHELD FOLLOWING AN APPEAL, THE AMOUNT COLLECTED, TOGETHER WITH
AN ACCRUED INTEREST SHALL BE PLACED IN A FUND TO BE ESTABLISHED
BY THE SECRETARY AND SHALL BE APPLIED EXCLUSIVELY FOR THE
PROTECTION OF THE HEALTH OR PROPERTY OF RESIDENTS OF NURSING
FACILITIES THAT HAVE BEEN FOUND TO HAVE DEFICIENCIES, INCLUDING
PAYMENT FOR THE COSTS OF RELOCATION OF RESIDENTS TO OTHER
FACILITIES, MAINTENANCE OR OPERATION OF A NURSING FACILITY
PENDING CORRECTION OF DEFICIENCIES OR CLOSURE, AND REIMBURSEMENT
OF RESIDENTS FOR PERSONAL FUNDS LOST.

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