(a)

1. (1) The following listed civil penalties pertaining to classified violations may be assessed by the Director of the Office of Long-Term Care against long-term care facilities.
2. (2) In the case of Class A violations, the following civil penalties shall be assessed at the amount outlined in this part.

3. (3) In the case of Class B, C, or D violations, the director, in his or her discretion, may:

   1. (A) Elect to assess the following civil penalties; or
   2. (B) Allow a specified period of time for correction of said violation.

(b)

1. (1) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation.
2. (2) A second Class A violation occurring within a six-month period from the first violation shall result in a civil penalty of five thousand dollars ($5,000).

3. (3) The third Class A violation occurring within a six-month period from the first violation:

   1. (A) Shall result in proceedings being commenced for termination of the facility's Medicaid agreement; and
   2. (B) May result in proceedings being commenced for revocation of the licensure of the facility.

(c)

1. (1) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000).
2. (2) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000).

3. (3) A third Class B violation occurring within a six-month period from the first violation:

   1. (A) Shall result in proceedings being commenced for termination of the facility's Medicaid agreement; and
   2. (B) May result in proceedings being commenced for revocation of the licensure of the facility.
4. (4) All Class B violations shall be based on a point system as contained in this part.

(d)

1. (1) Class C violations are subject to a civil penalty not to exceed five hundred dollars ($500) for each violation.
2. (2) Each subsequent Class C violation within a six-month period from the first violation shall subject the facility to a civil money penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached.
3. (3) All Class C violations shall be based on a point system as contained in this part.

(e)

1. (1) Class D violations are subject to a civil penalty not to exceed two hundred fifty dollars ($250) for each violation.
2. (2) Each subsequent Class D violation occurring within a six-month period from the first violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of five hundred dollars ($500) is reached.
3. (3) All Class D violations shall be based on a point system as contained in this part.