1. A. The Department may impose a civil money penalty if a deficiency exists.

2. B. In determining whether a civil money penalty is to be imposed, the Department shall consider the following factors:

   1. (1) The number, nature, and seriousness of the deficiencies;
   2. (2) The extent to which the deficiencies are part of a pattern;
   3. (3) The degree of risk to the health, life, or safety of the residents of the client facility caused by the deficiency or deficiencies;
   4. (4) The efforts made by, and the ability of the agency to correct the deficiency or deficiencies;
   5. (5) An agency's prior history of compliance in general and specifically with reference to the cited deficiencies; and
   6. (6) Other factors as justice may require.

3. C. If the Department determines that a deficiency or a pattern of deficiencies exists, the Department shall notify the agency of the deficiency or deficiencies and may:

   1. (1) Impose a per-day civil money penalty until compliance has been achieved;
   2. (2) Permit the agency the opportunity to correct the deficiencies by a specific date; or
   3. (3) Impose a per-instance civil money penalty for each deficiency.
4. D. If the Department permits an agency the opportunity to correct the deficiencies by a specific date and the agency fails to comply with this requirement, the Department may impose a per-day civil money penalty for each day of violation until correction of the deficiency or deficiencies has been verified and compliance has been maintained.

5. E. When a civil money penalty is imposed, the Department shall issue an order that includes the:

   1. (1) Deficiency or deficiencies on which the order was based; and
   2. (2) Amount of civil money penalty to be imposed.

Authority: Health-General Article, §2-104 and Title 19, Subtitle 20, Annotated Code of Maryland

Effective date: December 17, 2007 (34:25 Md. R. 2211)

Chapter revised effective September 15, 2014 (41:18 Md. R. 1009)

Regulation .05A, D amended effective December 21, 2015 (42:25 Md. R. 1542); August 29, 2016 (43:17 Md. R. 953); March 13, 2017 (44:5 Md. R. 292)

Regulation .05D amended effective June 5, 2017 (44:11 Md. R. 524)

Regulation .06B amended effective August 29, 2016 (43:17 Md. R. 953)