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PARRIS N. GLENDENING, Governor
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Ch. 219
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(d) "Nursing [facility] HOME" means a facility (other than a facility offering
domiciliary or personal care as defined in Subtitle 3 of this title) which offers
nonacute inpatient care to patients suffering from a disease, condition, disability of
advanced age, or terminal disease requiring maximal nursing care without
continuous hospital services and who require medical services and nursing services
rendered by or under the supervision of a licensed nurse together with convalescent
services, restorative services, or rehabilitative services.
(E) "ONGOING PATTERN" MEANS THE RECURRENCE OF DEFICIENCIES AFTER
OCCURRENCE OF ANY POTENTIAL FOR MORE THAN MINIMAL HARM OR GREATER
DEFICIENCY ON TWO CONSECUTIVE ON-SITE VISITS AS A RESULT OF ANNUAL
SURVEYS, FOLLOW-UP VISITS, ANY UNSCHEDULED VISITS, OR COMPLAINT
INVESTIGATIONS.
(F) "POTENTIAL FOR MORE THAN MINIMAL HARM DEFICIENCY' MEANS A
CONDITION EXISTING IN A NURSING HOME OR AN ACTION OR INACTION BY THE
NURSING HOME STAFF THAT RESULTS IN MINIMAL DISCOMFORT TO A RESIDENT OR
HAS THE POTENTIAL TO CAUSE ACTUAL HARM TO A RESIDENT.
[(e) "Serious" means a condition existing in a nursing facility that does not
constitute a life threatening, health, or fire safety deficiency, but which is a violation
of departmental regulations, and is likely to endanger the health, life, or safety of
patients.]
(G) "SERIOUS AND IMMEDIATE THREAT" MEANS A SITUATION IN WHICH
IMMEDIATE CORRECTIVE ACTION IS NECESSARY BECAUSE A NURSING HOME'S
NONCOMPLIANCE WITH ONE OR MORE STATE REGULATIONS HAS CAUSED OR IS
LIKELY TO CAUSE SERIOUS INJURY, HARM, IMPAIRMENT TO, OR DEATH OF A
RESIDENT RECEIVING CARE IN THE NURSING HOME.
(H) "SUSTAINED COMPLIANCE" MEANS A PERIOD OF 30 DAYS FOLLOWING THE
DATE OF NOTICE OF CORRECTIVE ACTION WITH NO DEFICIENCIES.
19-1402.
(A) IF A DEFICIENCY EXISTS, THE SECRETARY MAY IMPOSE SANCTIONS THAT
INCLUDE:
(1) A DIRECTED PLAN OF CORRECTION WITH CORRECTIVE MEASURES
NECESSARY TO PROTECT RESIDENTS;
(2) IMPOSING ADEQUATE STAFFING LEVELS IN A NURSING HOME;
(3) APPOINTING A STATE MONITOR SUBJECT TO $ 19-1405 OF THIS
SUBTITLE: AND
(4) IMPOSING A CIVIL MONEY PENALTY.
[(a)] (B) 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.] A DEFICIENCY EXISTS OR AN ONGOING PATTERN OF
DEFICIENCIES EXISTS IN A NURSING HOME.
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- 1457 -
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