Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 12 - ADULT HEALTH
Chapter 10.12.04 - Day Care for the Elderly and Adults with a Medical Disability
Section 10.12.04.48 - Amount of Civil Money Penalties
Universal Citation: MD Code Reg 10.12.04.48
Current through Register Vol. 51, No. 19, September 20, 2024
A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:
(1) $3,000 per instance; or
(2) $300 per day for an ongoing pattern of
deficiencies until the center is in compliance.
B. A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:
(1) $5,000 per instance; or
(2) $1,000 per day for an ongoing pattern of
deficiencies until the center is in compliance.
C. A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:
(1) $10,000 per instance; or
(2) $3,000 per day for an ongoing pattern of
deficiencies until the center is in compliance.
D. In setting the amount of a civil money penalty under this chapter, the Secretary shall consider the following factors:
(1) The number, nature, and seriousness of
the deficiencies;
(2) The degree of
risk to the health, life, or safety of the participants of the center caused by
the deficiency or deficiencies;
(3)
The efforts made by the center to correct the deficiency or
deficiencies;
(4) Whether the
amount of the proposed civil money penalty will jeopardize the financial
ability of the center to continue operating as a center; and
(5) Other factors as justice may
require.
E. All civil money penalties collected under this chapter shall be paid into the general fund of the State.
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