{"data":{"id":"us-md/md.-code-health-general-19-1402","jurisdiction":"us-md","citation":"Md. Code, Health - General § 19–1402","heading":"","body":"(a) If a deficiency exists, the Secretary may impose sanctions that include:\n(1) A directed plan of correction with corrective measures necessary to protect residents;\n(2) Imposing adequate staffing levels in a nursing home;\n(3) Appointing a State monitor subject to § 19-1405 of this subtitle; and\n(4) Imposing a civil money penalty.\n(b) A civil money penalty may be imposed when a deficiency exists or an ongoing pattern of deficiencies exists in a nursing home.\n(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:\n(1) The number, nature, and seriousness of the deficiencies;\n(2) The extent to which the deficiency or deficiencies are part of an ongoing pattern during the preceding 24 months;\n(3) The degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;\n(4) The efforts made by, and the ability of, the nursing home to correct the deficiency or deficiencies; and\n(5) A nursing home’s prior history of compliance.\n(d) Upon determination by the Department that a deficiency or deficiencies exist, the Department shall notify the nursing home that:\n(1) Unless corrective action taken pursuant to this section is substantially completed, a civil money penalty will be imposed; or\n(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.","path":["Article - Health - General"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghg\u0026section=19-1402","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:48Z","sha256":"2738d23a56e732a3abbd605bcd59dd5e9a643978f89677da4736b6d8ae928982","source_id":"us-md","stale":false,"prev":"us-md/md.-code-health-general-19-1401.3","next":"us-md/md.-code-health-general-19-1403"},"notice":"GroundRules: Original legal text. Not legal advice."}
