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Ch. 488 2000 LAWS OF MARYLAND
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[(j)] (H) The parties shall have the right to present evidence and testimony
and to cross examine that presented by the opposing party.
[(k)] (I) The purpose of the hearing is to consider and render a decision on the
following matters:
(1) The existence of a deficiency or deficiencies; and
(2) The amount of the civil money penalty.
[(l)] (J) (1) The Secretary has the burden of proof with respect to the basis
for imposition of the civil money penalty under § 19-1402 and the amount of the civil
money penalty under § 19-1404.
(2) The Secretary must meet his burden of proof by clear and convincing
evidence.
[(m)] (K) A decision shall be rendered by the Hearings Office within 7 days of
the hearing. The decision shall be the final agency decision of the Department, subject
to judicial appeal.
19-1407.
19-1405.
(A) WHEN THE DEPARTMENT DETERMINES THAT THERE IS A DEFICIENCY IN
A NURSING HOME, THE DEPARTMENT MAY APPOINT AN INDEPENDENT MONITOR TO
OVERSEE EFFORTS MADE BY THE NURSING HOME TO ACHIEVE COMPLIANCE WITH
STATE AND FEDERAL REGULATIONS GOVERNING NURSING HOMES THAT
PARTICIPATE IN THE MEDICARE AND MEDICAID PROGRAMS.
(B) THE APPOINTMENT OF A STATE MONITOR IS AN INTERMEDIATE
SANCTION THAT MAY BE IN ADDITION TO OR IN LIEU OF OTHER SANCTIONS.
(C) THE STATE MONITOR'S DUTIES MAY INCLUDE:
(1) PERIODIC INSPECTIONS OF A NURSING HOME FOR THE PURPOSE OF
ASSESSING THE NURSING HOME'S COMPLIANCE WITH STATE AND FEDERAL
REGULATIONS: AND
(2) REPORTING TO THE DEPARTMENT AND THE NURSING HOME ITS
FINDINGS.
(D) THE STATE MONITOR MAY NOT BE AN EMPLOYEE OF THE DEPARTMENT.
(E) A NURSING HOME SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED
WITH THE APPOINTMENT OF A STATE MONITOR TO THE NURSING HOME.
19-1406.
(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
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