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PARRIS N. GLENDENING, Governor Ch. 219
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(2) Propose the imposition of a civil money penalty pursuant to §
19-1404.]
[19-1404.] 19-1403.
(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] THE inspection OR REINSPECTION at which the deficiency is
identified[;].
[(2) The date identified in § 19-1403(a)(2); or
(3) The date identified in § 19-1403(c)(l).]
[19-1405.] 19-1404.
[(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.]
(A) A CIVIL MONEY PENALTY IMPOSED UNDER THIS SECTION FOR POTENTIAL
FOR MORE THAN MINIMAL HARM DEFICIENCIES:
(1) MAY NOT EXCEED $10,000 PER INSTANCE; AND OR
(2) MAY NOT EXCEED $1,000 PER DAY FOR AN ONGOING PATTERN OF
DEFICIENCIES UNTIL THE NURSING HOME IS IN COMPLIANCE.
(B) A CIVIL MONEY PENALTY IMPOSED UNDER THIS SUBTITLE FOR ACTUAL
HARM DEFICIENCIES:
(1) MAY NOT EXCEED $10,000 PER INSTANCE; OR
(2) MAY NOT EXCEED $5,000 PER DAY; DAY FOR AN ONGOING PATTERN
OF DEFICIENCIES UNTIL THE NURSING HOME IS IN COMPLIANCE.
(C) A CIVIL MONEY PENALTY IMPOSED UNDER THIS SECTION FOR A SERIOUS
AND IMMEDIATE THREAT:
(1) MAY NOT EXCEED $10,000 PER INSTANCE; AND OR
(2) MAY NOT EXCEED $10,000 PER DAY FOR AN ONGOING PATTERN OF
DEFICIENCIES UNTIL THE NURSING HOME IS IN COMPLIANCE.
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- 1459 -
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