105 C.M.R. 153.024 – Penalties

(A) Pursuant to M.G.L. c. 111, §73, operation of a long-term care facility without a license constitutes a violation of law punishable for a first offense by a fine of not more than $500 and for a subsequent offense by a fine of not more than $1,000 or imprisonment for not more than two years.
(B) Violation of any provision of M.G.L. c. 111, §§ 71 through 73, by a person licensed thereunder, is punishable for a first offense by a fine of not more than $500 and for a subsequent offense by a fine of not more than $1,000 or by imprisonment for not more than two years.
(C) Whoever violates any rule or regulation of the Department, promulgated pursuant to M.G.L. c. 111, §§ 71, 72 or 72C, shall be punished by such fine, not to exceed $50.00, as the Department may establish. If any person violates any such rule or regulation by allowing a condition to exist that may be corrected or remedied, the Department shall order him or her in writing, to correct or remedy such conditions; and if such person fails or refuses to comply with such order, each day during which such failure or refusal to comply continues shall constitute a separate offense.
(D) A licensee is prohibited from acquiring any additional facilities or increasing the bed quota of any existing facilities for five years from the date of the conviction, guilty plea or admission, except with the explicit permission of the Public Health Council, if the licensee has been convicted of, pleaded guilty or nolo contendere to, or have, in a judicial proceeding, admitted facts sufficient to find that he or she is guilty of:
1. (1) abuse, mistreatment or neglect of any resident of a long-term care facility;
2. (2) rape, felonious assault or any other felony against a person; or
3. (3) a felony involving the misuse of funds in connection with the Medicaid or Medicare program, or the misuse of resident funds, even if the licensee has been determined suitable for continued licensure pursuant to formal settlement agreements or previous regulations.