§ 19–1404
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-1404 (2026)
Title 19. Health Care Facilities
Subtitle 14. Nursing Homes
§ 19–1404LinkCopy Citation
(a)
A civil money penalty imposed under this section for potential for more than minimal harm deficiencies:
(1)
May not exceed $10,000 per instance; or
(2)
May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.
(b)
A civil money penalty imposed under this subtitle for actual harm deficiencies:
(1)
May not exceed $10,000 per instance; or
(2)
May not exceed $5,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.
(c)
A civil money penalty imposed under this section for a serious and immediate threat:
(1)
May not exceed $10,000 per instance; or
(2)
May not exceed $10,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.
(d)
In setting the amount of a civil money penalty under this section, 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 degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;
(3)
The efforts made by the nursing home to correct the deficiency or deficiencies;
(4)
Current federal guidelines for money penalties;
(5)
Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing home to continue operating as a nursing home; and
(6)
Such other factors as justice may require.