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PARRIS N. GLENDENING, Governor
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Ch. 150
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(I) THE NUMBER, NATURE, AND SERIOUSNESS OF THE
VIOLATIONS;
(II) THE DEGREE OF RISK TO THE HEALTH, LIFE, OR PHYSICAL OR
FINANCIAL SAFETY OF THE SUBSCRIBERS CAUSED BY THE VIOLATIONS;
(III) THE EFFORTS MADE BY THE PROVIDER TO CORRECT THE
VIOLATIONS;
(IV) WHETHER THE AMOUNT OF THE PROPOSED CIVIL MONEY
PENALTY WILL JEOPARDIZE THE FINANCIAL ABILITY OF THE PROVIDER TO
CONTINUE OPERATING; AND
(V) OTHER FACTORS AS JUSTICE MAY REQUIRE.
(3) IF A CIVIL MONEY PENALTY IS IMPOSED UNDER THIS SECTION; THE
DEPARTMENT SHALL ISSUE AN ORDER STATING:
(I) THE BASIS ON WHICH THE ORDER IS MADE;
(II) EACH REGULATION OR STATUTE VIOLATED;
(III) EACH PENALTY IMPOSED AND THE TOTAL AMOUNT OF THE
CIVIL MONEY PENALTY IMPOSED; AND
(IV) THE MANNER IN WHICH THE AMOUNT OF THE CIVIL MONEY
PENALTY WAS CALCULATED.
(4) (i) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO A
PROVIDER OF THE IMPOSITION OF A CIVIL MONEY PENALTY.
(II) THE NOTICE SHALL BE SERVED ON THE PROVIDER BY
CERTIFIED MAIL AND SHALL INCLUDE THE ORDER AND A STATEMENT ON HOW TO
FILE AN ADMINISTRATIVE APPEAL.
(5) IF A CIVIL MONEY PENALTY IS IMPOSED UNDER THIS SECTION, THE
PROVIDER SHALL HAVE THE RIGHT TO APPEAL FROM THE ORDER IN ACCORDANCE
WITH TITLE 10, SUBTITLE 2 (ADMINISTRATIVE PROCEDURE ACT) OF THE STATE
GOVERNMENT ARTICLE.
(E) (1) A PROVIDER SHALL PAY ALL PENALTIES TO THE DEPARTMENT
WITHIN 10 DAYS AFTER THE PROVIDER RECEIVES A FINAL ORDER IMPOSING A CIVIL
MONEY PENALTY.
(2) AN ORDER IMPOSING A CIVIL MONEY PENALTY IS FINAL WHEN THE
PROVIDER HAS EXHAUSTED ALL OPPORTUNITIES TO CONTEST THE PENALTY IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.
(3) IF A PROVIDER DOES NOT COMPLY WITH THIS SECTION, THE
DEPARTMENT MAY FILE A CIVIL ACTION TO RECOVER THE PENALTY.
(4) THE DEPARTMENT SHALL DEPOSIT ALL PENALTIES COLLECTED
UNDER THIS SECTION INTO THE GENERAL FUND.
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- 1505 -
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