Section 19-1404 - Amount of penalty.
§ 19-1404. Amount of penalty.
(a) Minimal harm deficiencies.- 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) Actual harm deficiencies.- 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) Serious and immediate threat.- 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) Factors.- 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.
[1989, ch. 134; 1991, ch. 659, § 1; 2000, chs. 217, 218, 219, 488.]