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PARRIS N. GLENDENING, Governor
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Ch. 217
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(E) (F) "ONGOING PATTERN" MEANS THE RECURRENCE OF DEFICIENCIES
AFTER TWO CONSECUTIVE SITE VISITS AS A RESULT OF ANNUAL SURVEYS,
FOLLOW-UP VISITS, UNSCHEDULED VISITS, OR COMPLAINT INVESTIGATIONS.
(F) (G) "POTENTIAL FOR HARM DEFICIENCY' MEANS A CONDITION
EXISTING IN A NURSING HOME OR AN ACTION OR INACTION BY THE NURSING HOME
STAFF THAT RESULTS IN MINIMAL DISCOMFORT TO A RESIDENT OR HAS THE
POTENTIAL TO CAUSE ACTUAL HARM TO A RESIDENT.
[(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 and is likely to endanger the health, life, or safety of
patients.]
(G) (H) "SERIOUS IMMEDIATE THREAT" MEANS A SITUATION IN WHICH
IMMEDIATE CORRECTIVE ACTION IS NECESSARY BECAUSE A NURSING HOME'S
NONCOMPLIANCE WITH ONE OR MORE STATE REGULATIONS HAS CAUSED OR IS
LIKELY TO CAUSE SERIOUS INJURY, HARM, IMPAIRMENT, OR DEATH TO A RESIDENT
RECEIVING CARE IN THE NURSING HOME.
(H) 0) "SUSTAINED COMPLIANCE" MEANS A PERIOD OF 30 DAYS
FOLLOWING THE DATE OF NOTICE OF CORRECTIVE ACTION WITH NO DEFICIENCIES.
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] HOME.
(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] HOME caused by the deficiency or deficiencies;
(4) The efforts made by, and the ability of, the nursing [facility] HOME 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 exists, the Department shall notify the nursing
[facility] HOME that:
(1) Unless corrective action taken pursuant to § 19-1403 is substantially
completed, a civil money penalty will be imposed; or
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- 1437 -
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