Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.03 - Health Care Staff Agencies
Section 10.07.03.10 - Civil Money Penalties - Imposition

Universal Citation: MD Code Reg 10.07.03.10

Current through Register Vol. 51, No. 19, September 20, 2024

A. The Department may impose a civil money penalty if a deficiency exists.

B. In determining whether a civil money penalty is to be imposed, the Department shall consider the following factors:

(1) The number, nature, and seriousness of the deficiencies;

(2) The extent to which the deficiencies are part of a pattern;

(3) The degree of risk to the health, life, or safety of the residents of the client facility caused by the deficiency or deficiencies;

(4) The efforts made by, and the ability of the agency to correct the deficiency or deficiencies;

(5) An agency's prior history of compliance in general and specifically with reference to the cited deficiencies; and

(6) Other factors as justice may require.

C. If the Department determines that a deficiency or a pattern of deficiencies exists, the Department shall notify the agency of the deficiency or deficiencies and may:

(1) Impose a per-day civil money penalty until compliance has been achieved;

(2) Permit the agency the opportunity to correct the deficiencies by a specific date; or

(3) Impose a per-instance civil money penalty for each deficiency.

D. If the Department permits an agency the opportunity to correct the deficiencies by a specific date and the agency 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 compliance has been maintained.

E. When a civil money penalty is imposed, the Department shall issue an order that includes the:

(1) Deficiency or deficiencies on which the order was based; and

(2) Amount of civil money penalty to be imposed.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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