10.07.04.19

.19 Civil Money Penalties.

A. Civil Money Penalties. The Secretary may impose a civil money penalty on a person if:

(1) The person maintains or operates an unlicensed center; or

(2) A serious or life-threatening patient care deficiency exists and the center fails to correct the deficiency through immediate corrective action.

B. In determining whether a civil money penalty is to be imposed, the Secretary shall consider the following factors:

(1) Number, nature, and seriousness of the patient care deficiencies;

(2) The extent to which the patient care deficiency or deficiencies are part of an ongoing pattern during the preceding 24 months;

(3) The degree of risk to the health, life, or safety of the residents of the center that is caused by the patient care deficiency or deficiencies;

(4) The efforts made by, and the ability of the center to correct, the patient care deficiency or deficiencies through implementation of immediate corrective action; and

(5) The centerís prior history of compliance.

C. If the Department determines that a person has been operating an unlicensed center, the Department may impose a civil money penalty not to exceed $10,000.

D. If the Department determines that a serious or life-threatening deficiency or an ongoing pattern of deficiencies exists, the Department shall notify the center of the deficiency or deficiencies and may:

(1) Impose a per-day civil money penalty not to exceed $10,000 until sustained compliance has been achieved;

(2) Permit the center the opportunity to correct the deficiencies by a specific date; or

(3) Impose a per-instance civil money penalty not to exceed $10,000 for each instance of violation.

E. If the Department permits a center the opportunity to correct the deficiencies by a specific date, and the center fails to comply with this requirement, the Department may impose a per-day civil money penalty for each day of violation until correction of the deficiency or deficiencies has been verified and sustained compliance has been maintained.

F. If the Department proposes to impose a civil money penalty, the Secretary shall issue an order which shall state the:

(1) Deficiency or deficiencies on which the order is based;

(2) Amount of civil money penalties to be imposed; and

(3) Manner in which the amount of civil money penalties imposed was calculated.

G. A center subject to a civil money penalty under this regulation may request a hearing as set forth in accordance with Regulation .20 of this chapter.