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Ch. 219 2000 LAWS OF MARYLAND
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(2) REPORTING FINDINGS TO THE DEPARTMENT AND THE NURSING
HOME.
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(D) THE STATE MONITOR MAY NOT BE AN EMPLOYEE OF THE DEPARTMENT.
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(E) A NURSING HOME SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED
WITH THE APPOINTMENT OF A STATE MONITOR TO THE NURSING HOME.
19-1406.
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(A) WITHIN 15 DAYS OF THE REQUEST FOR AN APPEAL BY A NURSING HOME,
THE NURSING HOME SHALL DEPOSIT THE AMOUNT OF THE CIVIL MONEY PENALTY
IN AN INTEREST BEARING ESCROW ACCOUNT, THE NURSING HOME SHALL BEAR ANY
COST ASSOCIATED WITH ESTABLISHING THE ESCROW ACCOUNT, AND THE ACCOUNT
SHALL BE TITLED IN THE NAME OF THE NURSING HOME AND THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE AS JOINT OWNERS.
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(B) WHEN THE SECRETARY ISSUES THE FINAL DECISION OF THE
DEPARTMENT:
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(1) IF THE DECISION UPHOLDS THE IMPOSITION OF THE FULL CIVIL
MONEY PENALTY, THE ESCROW FUNDS WILL BE RELEASED TO THE DEPARTMENT
WITHIN 15 DAYS FROM THE DATE OF THE DECISION;
(2) IF THE DECISION UPHOLDS THE IMPOSITION OF A CIVIL PENALTY,
BUT REDUCES THE AMOUNT OF THE CIVIL PENALTY, THE AMOUNT DUE THE
DEPARTMENT WILL BE RELEASED TO THE DEPARTMENT WITH ACCRUED INTEREST
WITHIN 15 DAYS OF THE DATE OF THE DECISION AND THE BALANCE WILL BE
RELEASED TO THE NURSING HOME WITHIN 15 DAYS OF THE DATE OF THE DECISION;
OR
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(3) IF THE DECISION REVERSES THE IMPOSITION OF THE CIVIL
PENALTY, THE ESCROW FUNDS WILL BE RELEASED TO THE NURSING HOME WITHIN
15 DAYS OF THE DECISION.
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(C) (1) A HEARING ON THE APPEAL SHALL BE HELD IN ACCORDANCE WITH
THE ADMINISTRATIVE PROCEDURE ACT, UNDER TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.
(2) THE SECRETARY SHALL HAVE THE BURDEN OF PROOF WITH
RESPECT TO THE IMPOSITION OF CIVIL MONEY PENALTIES UNDER § 19-1404 OF THIS
SUBTITLE.
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- 1462 -
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