Md. Code Regs. 10.07.14.57 - Civil Money Penalties
A.
The Secretary may impose a civil money penalty on a person if:
(1) The person maintains or operates an
unlicensed assisted living program ;
(2) A deficiency or an ongoing pattern of
deficiencies exists in the assisted living program ; or
(3) The person falsely advertises a program
in violation of Regulation .06B(2) of this chapter.
B. In determining whether a civil money
penalty is to be imposed, the Secretary shall consider the following factors:
(1) Nature, number, and seriousness of the
deficiencies;
(2) The extent to
which the deficiency or deficiencies are part of an ongoing pattern during the
preceding 24 months;
(3) The degree
of risk to the health, life, or safety of the residents of the program that is
caused by the deficiency or deficiencies;
(4) The efforts made by, and the ability of
the program to correct, the deficiency or deficiencies; and
(5) An assisted living program 's prior
history of compliance.
C. If the Department determines that a
deficiency or an ongoing pattern of deficiencies exists, the Department shall
notify the program of the deficiency or deficiencies and may:
(1) Impose a per day civil money penalty
until sustained compliance has been achieved;
(2) Permit the program the opportunity to
correct the deficiencies by a specific date; or
(3) Impose a per instance civil money penalty
for each instance of violation.
D. If the Department permits a program the
opportunity to correct the deficiencies by a specific date, and the program
fails to comply with this requirement, the Department may impose a per day
civil money penalty for each day of violation until correction of the
deficiency or deficiencies has been verified and sustained compliance has been
maintained.
E. If the Department
proposes to impose a civil money penalty, the Secretary shall issue an order
which shall state the:
(1) Deficiency or
deficiencies on which the order is based;
(2) Amount of civil money penalties to be
imposed; and
(3) Manner in which
the amount of civil money penalties imposed was calculated.
F. An order issued pursuant to
this regulation shall be void unless issued within 60 days of the inspection or
reinspection at which the deficiency is identified.
Notes
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