Ch. 100                                     1993 LAWS OF MARYLAND

CHAPTER 100
(Senate Bill 156)

AN ACT concerning

Hospitals and Related Institutions - Civil Fines

FOR the purpose of authorizing the Secretary of Health and Mental Hygiene to impose
civil fines against a hospital or related institution for operating without a license,
operating in a certain manner without a certain classification, or operating in
violation of certain rules and regulations; requiring the Secretary to issue a certain
order; permitting a certain operator to appeal the order; providing that the appeal
shall be heard in a certain manner; providing that the Secretary's decision shall be
the final administrative decision; and generally relating to the authority to impose
civil fines against hospitals and related institutions.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 19-358 and 19-359
Annotated Code of Maryland
(1990 Replacement Volume and 1992 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-358.                                                                                           .

(a)     A person may not operate a hospital or related institution unless issued a
registration permit or licensed by the Secretary...

(b)     A hospital may not provide or hold itself out as providing comprehensive
physical rehabilitation services, as defined in § 19-1201 of this title, or operate as a
special rehabilitation hospital unless the hospital is classified as a special rehabilitation
hospital by the Secretary.

(c)     Unless a health care facility is classified as a special rehabilitation hospital by
the Secretary, a health care facility may only offer those physical rehabilitation services
which are appropriate and necessary to the care, treatment, or support of the acute,
chronic disease, or long-term care patient.

(d)     (1) A person who violates any provision of this section is guilty of a
misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first
offense and not exceeding $10,000 for each subsequent conviction for a violation of the
same provision. Each day a violation is continued after the first conviction is a subsequent
offense.

(2) THE SECRETARY MAY IMPOSE A CIVIL MONEY PENALTY NOT TO
EXCEED $10,000 FOR EACH OFFENSE UNDER THIS SECTION.

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