Md. Code Regs. 10.07.21.27

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.21.27 - Penalties

A. Administrative Penalty.

(1) The Secretary may, for noncompliance with any regulation under this chapter, impose an administrative penalty of up to:

(a) $500 for a first violation; and

(b) $1,000 for a subsequent repeated violation.

(2) When considering whether to impose an administrative penalty and the amount of the penalty, the Secretary shall consider the following factors:

(a) The number, nature, and seriousness of the violations;

(b) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;

(c) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients;

(d) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and

(e) Other factors as justice may require.

B. Emergency Suspension.

(1) The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action.

(2) The Department shall deliver a written notice to the hospice care program:

(a) Informing it of the emergency suspension;

(b) Giving the reasons for the action, and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and

(c) Notifying the hospice care program of its right to request a hearing and to be represented by counsel.

(3) The filing of a hearing request does not stay the emergency action.

(4) When a license is suspended by emergency action:

(a) The hospice care program shall immediately return the license to the Department;

(b) The hospice care program shall stop providing hospice services immediately; and

(c) The licensee shall notify the patients or their representatives of the suspension and make every reasonable effort to assist them in making other hospice service arrangements.

(5) In the event of an emergency suspension, the Department may assist in the relocation of patients.

(6) A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .28 of this chapter.

(7) The Office on Administrative Hearings shall conduct a hearing as set forth in Regulation .28 of this chapter and issue a proposed decision within 10 business days of the close of the hearing record. Exceptions may be filed by an aggrieved person pursuant to COMAR 10.01.03. The Secretary shall make a final decision pursuant to COMAR 10.01.03.

(8) If the Secretary's final decision does not uphold the emergency suspension, the hospice care program may resume operation.

C. Suspension or Revocation of License.

(1) The Secretary, for cause shown, may suspend or revoke the hospice care program's license.

(2) The Department shall notify the hospice care program in writing of the following:

(a) The effective date of the suspension or revocation;

(b) The reason for the suspension or revocation;

(c) The regulations with which the licensee has failed to comply that form the basis for the suspension or revocation;

(d) That the hospice care program is entitled to a hearing if requested, and to be represented by counsel;

(e) That the hospice care program shall stop providing services on the effective date of the suspension or revocation if the hospice care program does not request a hearing;

(f) That the suspension or revocation shall be stayed if a hearing is requested; and

(g) That the hospice care program is required to surrender its license to the Department if the suspension or revocation is upheld.

(3) The licensee shall notify the patients or their representatives of any final suspension or revocation and make every reasonable effort to assist them in making other hospice care arrangements. The Department may assist in the relocation of residents.

(4) A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .28 of this chapter.

Md. Code Regs. 10.07.21.27

Regulations .27 adopted effective August 10, 1998 (25:16 Md. R. 1274)