(1) Patient Safety. | ||||
Severity | Tier | Conduct | Sanction Range | |
Minimum | Maximum | |||
Least to Greatest | 1 | (a) Committed a violation which resulted in no or little potential harm to a resident; or (b) Made an immediate and significant effort to remedy the violation. | Reprimand | Probation for 2 years |
2 | (a) Committed a violation which resulted in moderate potential for resident harm; (b) Had been given prior warning of facility errors; (c) Made no significant or immediate attempt to remedy the facility errors; or (d) Failed to oversee a quality improvement process. | $500 fine and probation for 1 year | Maximum fine allowable under §A (9) of this regulation, suspension for 2 years, and probation for 3 years | |
3 | (a) Committed a violation resulting in actual or potentially serious harm to a resident; (b) Had been given repeated warnings of facility errors; (c) Committed a violation affecting two or more residents; or (d) Was under the influence of alcohol or drugs at the time the licensee committed the violation. | Suspension for 1 year | Revocation | |
4 | A licensee is not competent to practice as a nursing home administrator. | Suspension until Board determines competent | Revocation |
(2) Fraud, Deceit, or Misrepresentation. | ||||
Severity | Tier | Conduct | Sanction Range | |
Minimum | Maximum | |||
Least to Greatest | 1 | (a) Committed a singular fraudulent or deceptive act, limited in nature; and (b) Neither achieved nor attempted to achieve personal financial or material gain from the violation. | Reprimand | Maximum fine allowable under §A(9) of his regulation and probation for 3 years |
2 | (a) Achieved or attempted to achieve a material or financial gain as a result of the fraud, deceit, or misrepresentation. (b) Targeted or harmed residents of the facility administered; (c) Committed multiple acts of fraud or deceit or perpetrated an elaborate scheme involving fraud, deceit, or misrepresentation; (d) Used false impersonation or identification in furtherance of the violation; or (e) Committed a violation in order to obtain a license for the licensee or another. | $500 fine, suspension for 2 years, and probation for 3 years | Revocation |
(3) General Misconduct. | ||||
Severity | Tier | Conduct | Sanction Range | |
Minimum | Maximum | |||
Least to Greatest | 1 | (a) Made a singular inappropriate sexual comment during the licensee's practice as a nursing home administrator; or (b) Committed a violation resulting in no harm or having potentially minimal harm. | Reprimand | Maximum fine allowable under §A(9) of this regulation and probation for 2 years |
2 | (a) Has made multiple inappropriate sexual comments not rising to the level of harassment; (b) Was under the influence of alcohol or drugs at the time the licensee committed the violation; or (c) Committed a violation act resulting in a moderate potential for harm. | $500 fine, and probation for 1 year | Maximum fine allowable under §A(9) of this regulation, suspension for 2 years, and probation for 3 years | |
3 | (a) Diverted or stole drugs from a facility or a resident; (b) Committed an act of sexual misconduct involving touching, inappropriate contact, observation, recording, or harassment; (c) Committed or threatened to commit an act of violence; (d) Committed an act resulting in actual harm or the serious potential for harm; (e) Discriminated against a person; or (f) Recorded a resident or residents, without authorization from the resident or residents, using, but not limited to, a camera, phone, or video recorder. | $500 fine, suspension for 1 year, and probation for 3 years | Revocation |
(4) Records Violation Without Fraudulent or Deceitful Intent | ||||
Severity | Tier | Conduct | Sanction Range | |
Minimum | Maximum | |||
Least to Greatest | 1 | Licensee made limited errors in completing or maintaining a resident's or the facility's record, resulting in no harm to a resident. | Reprimand | Reprimand |
2 | (a) Produced a significant pattern of inaccurate records; (b) Improperly disclosed or authorized the disclosure of confidential medical records without intent to violate the governing confidentiality laws or regulations; or (c) Committed an act of false advertising. | $500 fine, and probation for 1 year | Maximum fine allowable under §A(9) of this regulation, suspension for 1 year, and probation for 3 years | |
3 | Willfully releasing or willfully authorizing the release of confidential medical records to unauthorized recipients. | $500 fine, suspension for 1 year, and probation for 3 years | Revocation |
(5) Administrator-In-Training Violations by Nursing Home Administrator. | ||||
Severity | Tier | Conduct | Sanction Range | |
Minimum | Maximum | |||
Least to Greatest | 1 | Licensee failed to fulfill requirements related to the supervising of an administrator-in-training, but was in general compliance. | Reprimand | Maximum fine allowable under §A(9) of this regulation and probation for 3 years |
2 | (a) Committed an act involving deliberate falsification or deceit; (b) Failed to achieve significant compliance with regulatory requirements of the administrator-in-training program. | $500 fine, suspension for 1 year, and probation for 3 years | Revocation |
Md. Code Regs. 10.33.01.22
Regulations .22 adopted effective December 15, 1986 (13:25 Md. R. 2660)