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PARRIS N. GLENDENING, Governor Ch. 218
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(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)(1).
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.
(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.
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