1. A. Notwithstanding any penalty that may be imposed under the Civil False Claims Act, pursuant to Health-General Article, §2-611, Annotated Code of Maryland or other statute, the Department may impose a civil monetary penalty on a person for:

   1. (1) Operating a community-based behavioral health services program without a license, if one is required by law or regulation;
   2. (2) Any material and egregious violation of any provision of this subtitle; or
   3. (3) Both.

2. B. In determining whether a civil monetary penalty is to be imposed, the Department shall consider the following, among any other relevant factors:

   1. (1) The nature, number, and seriousness of the deficiencies;
   2. (2) The extent to which the deficiency or deficiencies are part of an ongoing pattern;
   3. (3) The degree of risk to the health, life, or safety of the individuals receiving services from the program;
   4. (4) The efforts made by the program, and the ability of the program, to correct the deficiency or deficiencies; and
   5. (5) The program’s prior history of compliance or non-compliance.
3. C. In determining the amount of any civil money penalty to be imposed, the Department shall consider the factors listed in §B of this regulation, among any other relevant factors.

Authority: Health-General Article, §§7.5-204, 8-402, 8-404, and 10-901, Annotated Code of Maryland

Effective date: July 1, 2016 (43:10 Md. R. 585)

Regulation .10G adopted effective February 27, 2017 (44:4 Md. R. 255)