|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 47 2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
Article - Health - General
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 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 OR 19-1413.1 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.
19-1413.
Each nursing home shall:
(1) Establish a procedure to provide for the smooth and orderly transfer
of residents in the event of closure;
(2) Provide a 30-day notice to residents and their families or guardians
prior to closure of the nursing home unless the Department waives the notice
requirement;
(3) Provide a 15-day notice to residents and their families or guardians
prior to termination of public funding unless the Department waives the notice
requirement; and
|
|
|
|
|
|
|
|
|
|
- 1128 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
