§ 19–1402
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-1402 (2026)
Title 19. Health Care Facilities
Subtitle 14. Nursing Homes
§ 19–1402LinkCopy Citation
(a)
If a deficiency exists, the Secretary may impose sanctions that include:
(1)
A directed plan of correction with corrective measures necessary to protect residents;
(2)
Imposing adequate staffing levels in a nursing home;
(3)
Appointing a State monitor subject to § 19-1405 of this subtitle; and
(4)
Imposing a civil money penalty.
(b)
A civil money penalty may be imposed when a deficiency exists or an ongoing pattern of deficiencies exists in a nursing home.
(c)
In determining whether a civil money penalty is to be imposed, the Secretary shall consider, pursuant to guidelines set forth in regulations promulgated by the Secretary, the following factors:
(1)
The number, nature, and seriousness of the deficiencies;
(2)
The extent to which the deficiency or deficiencies are part of an ongoing pattern during the preceding 24 months;
(3)
The degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;
(4)
The efforts made by, and the ability of, the nursing home to correct the deficiency or deficiencies; and
(5)
A nursing home’s prior history of compliance.
(d)
Upon determination by the Department that a deficiency or deficiencies exist, the Department shall notify the nursing home that:
(1)
Unless corrective action taken pursuant to this section is substantially completed, a civil money penalty will be imposed; or
(2)
An order imposing a civil money penalty will be issued, pursuant to § 19-1403 of this subtitle which shall include a list of all deficiencies and notice that a civil money penalty may be imposed until the time that the cited deficiencies have been rectified.