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Ch. 218
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PARRIS N. GLENDENING, Governor
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(l) (1) The Secretary has the burden of proof with respect to the basis for
imposition of the civil money penalty under § 19-1402 and the amount of the civil
money penalty under § 19-1405.
(2) The Secretary must meet his burden of proof by clear and convincing
evidence.
(m) A decision shall be rendered by the Hearings Office within 7 days of the
hearing. The decision shall be the final agency decision of the Department, subject to
judicial appeal.
19-1408.
(a) A nursing [facility] HOME subject to a civil money penalty shall have the
right to appeal a decision of the Hearings Office upholding the finding of a deficiency
or deficiencies or the imposition of a civil money penalty.
(b) Such appeal shall be filed within 30 days of the action to be appealed.
(c) The appeal under subsection (b) of this section shall be taken directly to
the circuit court of the jurisdiction in which the nursing [facility] HOME is located.
19-1409.
(a) All civil money penalties imposed under this subtitle shall be placed in an
interest bearing account during any judicial appeal under § 19-1408.
(b) If the civil money penalty is reversed as a result of an appeal filed by the
nursing [facility] HOME, the amount of the civil money penalty, with interest, shall
be returned to the nursing [facility] HOME within 14 days of the reversal.
(c) If the civil money penalty is not appealed or if it is upheld following an
appeal, the amount of the penalty imposed, together with any accrued interest shall
be placed in a fund to be established by the Secretary and shall be applied exclusively
for the protection of the health or property of residents of nursing [facilities] HOMES
that have been found to have deficiencies, including payment for the costs of
relocation of residents to other [facilities] HOMES, maintenance or operation of a
nursing [facility] HOME pending correction of deficiencies or closure, and
reimbursement of residents for personal funds lost.
19-1410.
(A) IN ORDER TO QUALIFY FOR A LICENSE OR RENEWAL LICENSE BY
JANUARY 1, 2001. A NURSING HOME SHALL DEVELOP AND IMPLEMENT A QUALITY
ASSURANCE PROGRAM.
(B) (1) BY SEPTEMBER 1, 2000, EACH NURSING HOME SHALL EMPLOY AT
LEAST ONE FULL-TIME QUALITY ASSURANCE NURSE WHOSE SOLE RESPONSIBILITY
IS THE MANAGEMENT AND MONITORING OF QUALITY OF CARE IN THE NURSING
HOME- DESIGNATE A QUALIFIED INDIVIDUAL TO COORDINATE AND MANAGE THE
NURSING HOME'S QUALITY ASSURANCE PROGRAM.
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- 1451 -
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