1. A. If the Department determines that a deficiency or deficiencies exist, the Secretary may impose sanctions against the licensee.

2. B. The Secretary may impose the following sanctions, as appropriate:

   1. (1) Direct the licensee to correct the deficiencies in a specific manner or within a specific time frame, or both;
   2. (2) Require the center to use the services of a management firm that is approved by the Department;
   3. (3) Mandate staffing patterns that specify the number of personnel or personnel qualifications, or both;
   4. (4) Appoint a State monitor, as described in Regulation .44 of this chapter;
   5. (5) Restrict the number of participants that a center may admit;
   6. (6) Impose a civil money penalty;
   7. (7) Impose emergency suspension of license; and
   8. (8) Deny or revoke a license.
3. C. If the Secretary determines that the licensee has violated a condition or requirement of an imposed sanction the Secretary may revoke the license.

4. D. Grievances.

   1. (1) A licensee that is aggrieved by the imposition of a sanction under §B(4)—(8) or C of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .53 of this chapter.
   2. (2) A licensee that is aggrieved by the imposition of a sanction under §B(2) and (3) of this regulation may request a show cause hearing before the Director of the Office of Health Care Quality to show cause why these remedies should not be enforced.

Authority: Health-General Article, §§2-104, 14-206, and 14-304; State Government Article, §10-226; Annotated Code of Maryland

Effective date: January 12, 1979 (6:1 Md. R. 17)

Regulations .01; .02B, E; .03A, C, D; .04A—E; .05A, G, H, L, M, N; .06A; .07A, C; .08B; .09C; and .11B, K amended effective July 11, 1980 (7:14 Md. R. 1350)

Regulation .04F repealed effective July 11, 1980 (7:14 Md. R. 1350)

Chapter recodified from COMAR 10.26.01 to COMAR 10.12.04 and Regulations .01, .02A, .04—.08, .09C, .10A, and .11A amended effective November 13, 1989 (16:22 Md. R. 2365)

Regulation .02E amended effective July 5, 1993 (20:13 Md. R. 1049)

Regulations .01—.12 repealed and new Regulations .01—.52 adopted effective November 23, 2006 (33:23 Md. R. 1795)

Regulation .02B amended effective January 20, 2014 (41:1 Md. R. 13)

Regulations .01—.52 repealed and new Regulations .01—.53 adopted effective December 13, 2014 (41:12 Md. R. 668)

Regulation .04A amended effective December 21, 2015 (42:25 Md. R. 1543); August 29, 2016 (43:17 Md. R. 953)

Regulation .04C amended effective August 29, 2016 (43:17 Md. R. 953)