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Ch. 217
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PARRIS N. GLENDENING, Governor
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(b) 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] HOME caused by the deficiency or deficiencies;
(3) The efforts made by the nursing [facility] HOME 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] HOME to continue operating
as a nursing [facility] HOME; and
(5) Such other factors as justice may require.
19-1406.
(a) The nursing [facility] HOME shall provide written notice to the
Department when the deficiency or deficiencies identified in the notice issued
pursuant to § 19-1404 are substantially corrected.
(b) The calculation of the amount of the civil money penalty will stop as of the
date the notice in subsection (a) of this section is received by the Department.
(c) The Department shall schedule and conduct a reinspection of the nursing
[facility] HOME within 24 hours of its receipt of the notice pursuant to subsection (a)
of this section.
(d) If, following the reinspection, the Department determines that the
deficiency or deficiencies have not been substantially corrected, the [facility's]
HOME'S notice under subsection (a) of this section shall be invalid and the civil money
penalty imposed under § 19-1405(a) shall remain in effect.
19-1407.
(a) The nursing [facility] HOME shall have the right to appeal from the order
within 30 days from the receipt of the order.
(b) The appeal shall be heard by the Hearings Office of the Department, which
shall render the final agency decision for purposes of judicial review.
(c) Imposition of the civil money penalty shall be stayed until the final
decision is issued pursuant to subsection (m) of this section.
(d) A hearing on the appeal shall be held within 10 working days of the
request for hearing.
(e) The parties to the hearing shall be the aggrieved nursing [facility] HOME
and the Secretary.
(f) The parties are entitled to be represented by counsel.
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- 1439 -
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