# COMAR Title 10 — Maryland Department of Health

## Subtitle 12 — Adult Health

### Chapter 04 — Day Care for the Elderly and Adults with a Medical Disability

#### Regulation .48 Amount of Civil Money Penalties.

*COMAR 10.12.04.48*

A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:

  (1) $3,000 per instance; or

  (2) $300 per day for an ongoing pattern of deficiencies until the center is in compliance.

B. A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:

  (1) $5,000 per instance; or

  (2) $1,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

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) $3,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

D. In setting the amount of a civil money penalty under this chapter, the Secretary 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 participants of the center caused by the deficiency or deficiencies;

  (3) The efforts made by the center to correct the deficiency or deficiencies;

  (4) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the center to continue operating as a center; and

  (5) Other factors as justice may require.

E. All civil money penalties collected under this chapter shall be paid into the general fund of the State.