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Ch. 217
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2000 LAWS OF MARYLAND
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(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] HOME 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 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)(l).
19-1405.
(a) A civil money penalty imposed under this subtitle:
(1) May not exceed a total of $5,000 per day in which serious or life
threatening deficiencies exist; and
(2) May not exceed $50,000 in total.
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- 1438 -
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