10.07.02.71

.71 Civil Money Penalties — Amount of Penalty.

A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:

(1) $10,000 per instance; or

(2) $1,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.

B. A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:

(1) $10,000 per instance; or

(2) $5,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.

C. A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:

(1) $10,000 per instance; or

(2) $10,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.

D. In setting the amount of a civil money penalty, the Department shall consider 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 facility caused by the deficiency or deficiencies;

(3) The efforts made by, and the ability of, the nursing facility to correct the deficiency or deficiencies;

(4) Current federal guidelines for civil money penalties;

(5) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing facility to continue operating as a nursing facility;

(6) A nursing facility's prior history of compliance; and

(7) Such other factors as justice may require.