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2000 LAWS OF MARYLAND
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Ch. 219
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[(b)] (C) 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 A NURSING HOME'S PRIOR
HISTORY OF COMPLIANCE.
[(c)] (D) Upon determination by the Department that [an ongoing pattern of
serious or life threatening deficiencies exists] A DEFICIENCY OR DEFICIENCIES
EXIST, the Department shall notify the nursing [facility] HOME that:
(1) Unless corrective action taken pursuant to [§ 19-1403] THIS
SECTION 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] § 19-1403 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 to determine
whether the deficiency or deficiencies have been substantially corrected.
(c) Following the reinspection the Department may:
(1) Extend the time frame in which the deficiency must be corrected; or
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