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Ch. 488 2000 LAWS OF MARYLAND
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(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 DAYT 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.
[(b)] (D) In setting the amount of a civil money penalty under this section, 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 degree of risk to the health, life, or safety of the residents of the
nursing [facility] HOME caused by the deficiency or deficiencies;
(3) The efforts made by the nursing [facility] HOME to correct the
deficiency or deficiencies;
(4) CURRENT FEDERAL GUIDELINES FOR MONEY PENALTIES;
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- 2578 -
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