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Ch. 218
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2000 LAWS OF MARYLAND
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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
(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.
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- 1448 -
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