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Ch. 150
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2002 LAWS OF MARYLAND
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18A.
(A) (1) THE DEPARTMENT MAY IMPOSE A CIVIL MONEY PENALTY AGAINST A
PROVIDER FOR ACTION OR INACTION. THAT VIOLATES THIS SUBTITLE OR ANY
REGULATION ADOPTED BY THE DEPARTMENT UNDER THIS SUBTITLE.
(2) (I) IF A VIOLATION RESULTS FROM A PROVIDER'S FAILURE TO
OBTAIN AN APPROVAL FROM THE DEPARTMENT THAT IS REQUIRED BY THIS
SUBTITLE OR A REGULATION ADOPTED UNDER THIS SUBTITLE, THE DEPARTMENT
MAY IMMEDIATELY IMPOSE A CIVIL MONEY PENALTY IN ACCORDANCE WITH
SUBSECTION (D) OF THIS SECTION.
(II) IF A VIOLATION DOES NOT RESULT FROM A PROVIDER'S
FAILURE TO OBTAIN AN APPROVAL FROM THE DEPARTMENT REQUIRED BY THIS
SUBTITLE OR A REGULATION ADOPTED UNDER THIS SUBTITLE, THE PROVIDER
SHALL BE GIVEN AN OPPORTUNITY TO CORRECT THE VIOLATION IN ACCORDANCE
WITH SUBSECTIONS (B) AND (C) OF THIS SECTION.
(B) (1) IF THE DEPARTMENT ISSUES A NOTICE TO CORRECT A VIOLATION
UNDER SUBSECTION (A) OF THIS SECTION, THE NOTICE SHALL PROVIDE: BEFORE
IMPOSING A CIVIL MONEY PENALTY UNDER SUBSECTION (A) OF THIS SECTION, THE
DEPARTMENT SHALL ISSUE A NOTICE OF VIOLATION TO THE PROVIDER
(2) THE NOTICE SHALL PROVIDE:
(1) (I) THE TIME IN WHICH A PLAN OF CORRECTION THAT IS
ACCEPTABLE TO THE DEPARTMENT IS TO BE SUBMITTED;
(2) (II) THE TIME IN WHICH AN IDENTIFIED VIOLATION MUST BE
SUBSTANTIALLY CORRECTED, WHICH TIME MAY NOT BE LESS THAN 30 DAYS; AND
(3) (III) THAT FAILURE TO SUBMIT AN ACCEPTABLE PLAN OF
CORRECTION AS REQUIRED BY ITEM (1) OF THIS SUBSECTION OR TO CORRECT THE
IDENTIFIED VIOLATION MAY RESULT IN AN ORDER IMPOSING A CIVIL MONEY
PENALTY UNDER SUBSECTION (D) OF THIS SECTION.
(C) IF AT THE EXPIRATION OF THE TIME SET FORTH IN SUBSECTION (B)(2) OF
THIS SECTION THE DEPARTMENT DETERMINES A VIOLATION HAS NOT BEEN
CORRECTED, THE DEPARTMENT MAY:
(1) EXTEND THE TIME FRAME IN WHICH THE VIOLATION MUST BE
CORRECTED; OR
(2) IMPOSE A CIVIL MONEY PENALTY UNDER SUBSECTION (D) OF THIS
SECTION.
(D) (1) THE DEPARTMENT MAY IMPOSE A CIVIL MONEY PENALTY NOT TO
EXCEED $5,000 FOR EACH VIOLATION.
(2) IN SETTING THE AMOUNT OF A CIVIL MONEY PENALTY UNDER THIS
SECTION, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS:
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- 1504 -
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