1. (a) If a deficiency exists, the Secretary may impose sanctions that include:

   1. (1) A directed plan of correction with corrective measures necessary to protect residents;
   2. (2) Imposing adequate staffing levels in a nursing home;
   3. (3) Appointing a State monitor subject to § 19-1405 of this subtitle; and
   4. (4) Imposing a civil money penalty.
2. (b) A civil money penalty may be imposed when a deficiency exists or an ongoing pattern of deficiencies exists in a nursing home.

3. (c) In determining whether a civil money penalty is to be imposed, the Secretary shall consider, pursuant to guidelines set forth in regulations promulgated by the Secretary, the following factors:

   1. (1) The number, nature, and seriousness of the deficiencies;
   2. (2) The extent to which the deficiency or deficiencies are part of an ongoing pattern during the preceding 24 months;
   3. (3) The degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;
   4. (4) The efforts made by, and the ability of, the nursing home to correct the deficiency or deficiencies; and
   5. (5) A nursing home's prior history of compliance.

4. (d) Upon determination by the Department that a deficiency or deficiencies exist, the Department shall notify the nursing home that:

   1. (1) Unless corrective action taken pursuant to this section is substantially completed, a civil money penalty will be imposed; or
   2. (2) An order imposing a civil money penalty will be issued, pursuant to § 19-1403 of this subtitle which shall include a list of all deficiencies and notice that a civil money penalty may be imposed until the time that the cited deficiencies have been rectified.

Added by Acts 1989, c. 134, § 1, eff. July 1, 1989. Amended by Acts 1991, c. 659, § 1, eff. July 1, 1991; Acts 1992, c. 22, § 1, eff. April 7, 1992; Acts 2000, c. 217, § 1, eff. Oct. 1, 2000; Acts 2000, c. 218, § 1, eff. Oct. 1, 2000; Acts 2000, c. 219, § 1, eff. May 11, 2000; Acts 2000, c. 488, § 1, eff. May 11, 2000.