1. A. If the Secretary determines serious or life-threatening resident care deficiencies exist at the limited private inpatient facility or that the facility fails to take the necessary corrective action, the Secretary may:

   1. (1) Revoke or place restrictions on the license;
   2. (2) Impose a civil money penalty of not more than $10,000 per instance or per day;
   3. (3) Impose a directed plan of correction; or
   4. (4) Impose appropriate operating conditions.

2. B. When considering whether to impose a civil money penalty and the amount of the penalty, the Secretary shall consider the following factors:

   1. (1) The number, nature, and seriousness of the violations;
   2. (2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;
   3. (3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;
   4. (4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and
   5. (5) Such other factors as justice may require.
3. C. A person aggrieved by the action of the Secretary under §A of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .22 of this chapter.

Authority: Health-General Article, §§10-501—10-511, Annotated Code of Maryland

Effective date: December 10, 2015 (42:24 Md. R. 1504)

Regulation .05B,G,I amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .23 adopted effective December 19, 2016 (43:25 Md. R. 1384)