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PARRIS N. GLENDENING, Governor
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Ch. 488
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SHALL BE TITLED IN THE NAME OF THE NURSING HOME AND THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE AS JOINT OWNERS.
(B) WHEN THE SECRETARY ISSUES THE FINAL DECISION OF THE
DEPARTMENT:
(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
(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.
(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.
(3) A DECISION SHALL BE RENDERED BY THE OFFICE OF
ADMINISTRATIVE HEARINGS WITHIN 10 WORKING DAYS OF THE HEARING.
(D) A NURSING HOME IS ENTITLED TO A 40% REDUCTION IN THE AMOUNT OF
THE CIVIL MONEY PENALTY IF IT WAIVES ITS RIGHT TO A HEARING WITHIN 30 DAYS
OF THE DEPARTMENT'S ORDER
(D) ANY REMAINING FUNDS SHALL BE UTILIZED FOR TRAINING, GRANT
AWARDS, DEMONSTRATION PROJECTS, OR OTHER PROGRAMS DESIGNED TO
IMPROVE THE QUALITY OF CARE.
19-1407.
(A) (1) THERE IS A HEALTH CARE QUALITY ACCOUNT ESTABLISHED IN THE
DEPARTMENT.
(2) THE ACCOUNT SHALL BE FUNDED BY CIVIL MONEY PENALTIES PAID
BY NURSING HOMES AND OTHER PENALTIES THAT THE OFFICE OF HEALTH CARE
QUALITY MAY ASSESS.
(3) THE DEPARTMENT SHALL PAY ALL PENALTIES COLLECTED UNDER
THIS TITLE TO THE COMPTROLLER OF THE STATE.
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-2581 -
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