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2000 LAWS OF MARYLAND
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Ch. 488
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(E) "ONGOING PATTERN" MEANS THE RECURRENCE OF DEFICIENCIES AFTER
OCCURENCE 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.
[(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;
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