§ 23-17-12.3 - Penalty for violation of §§ 23-17-12 23-17-12.2.
SECTION 23-17-12.3
§ 23-17-12.3 Penalty for violation of§§ 23-17-12 23-17-12.2. Every person including a controlling person, or corporation who shall willfullyand continually violate the provisions of §§ 23-17-12 23-17-12.2 will be subject to a fine up to three hundred dollars ($300) foreach violation of these sections.
For purposes of this section, "controlling person" is anyperson or entity in control of a nursing facility directly or indirectly,including: (1) in the case of a corporation or of a limited liability company,a person having a beneficial ownership interest of five percent (5%) or more inthe nursing facility; (2) in the case of a general partnership or limitedpartnership, any general partner; (3) a legal entity that operates or contractswith another person for the operation of a nursing facility or an ownerthereof; (4) in the case of a limited liability company, any member; (5) eachpresident, vice president, secretary, treasurer of a business corporation thatis not exempt from taxation under section 501(a) of the U.S. Internal RevenueCode as an organization described in section 501(c)(3) of such code; and (6)such other ownership interest or relationship as may be determined by thedirector.