Regulation .71 Civil Money Penalties — Amount of Penalty.
Regulation .71 Civil Money Penalties — Amount of Penalty.LinkCopy Citation
A.
A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:
(1)
$10,000 per instance; or
(2)
$1,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
B.
A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:
(1)
$10,000 per instance; or
(2)
$5,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
C.
A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:
(1)
$10,000 per instance; or
(2)
$10,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
D.
In setting the amount of a civil money penalty, the Department shall consider 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 facility caused by the deficiency or deficiencies;
(3)
The efforts made by, and the ability of, the nursing facility to correct the deficiency or deficiencies;
(4)
Current federal guidelines for civil money penalties;
(5)
Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing facility to continue operating as a nursing facility;
(6)
A nursing facility's prior history of compliance; and
(7)
Such other factors as justice may require.