1. (a) A civil money penalty imposed under this section for potential for more than minimal harm deficiencies:

   1. (1) May not exceed $10,000 per instance; or
   2. (2) May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

2. (b) A civil money penalty imposed under this subtitle for actual harm deficiencies:

   1. (1) May not exceed $10,000 per instance; or
   2. (2) May not exceed $5,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

3. (c) A civil money penalty imposed under this section for a serious and immediate threat:

   1. (1) May not exceed $10,000 per instance; or
   2. (2) May not exceed $10,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

4. (d) In setting the amount of a civil money penalty under this section, 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 degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;
   3. (3) The efforts made by the nursing home to correct the deficiency or deficiencies;
   4. (4) Current federal guidelines for money penalties;
   5. (5) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing home to continue operating as a nursing home; and
   6. (6) Such other factors as justice may require.

Added as Health-General § 19-1405 by Acts 1989, c. 134, § 1, eff. July 1, 1989. Amended by Acts 1991, c. 659, § 1, eff. July 1, 1991. Renumbered as Health-General § 19-1404 and amended by Acts 2000, c. 219, § 1, eff. May 11, 2000; Acts 2000, c. 488, § 1, eff. May 11, 2000. Amended by Acts 2000, c. 217, § 1, eff. Oct. 1, 2000; Acts 2000, c. 218, § 1, eff. Oct. 1, 2000.