10.07.14.57

.57 Civil Money Penalties.

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

(1) The person maintains or operates an unlicensed assisted living program;

(2) A deficiency or an ongoing pattern of deficiencies exists in the assisted living program; or

(3) The person falsely advertises a program in violation of Regulation .06B(2) of this chapter.

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

(1) Nature, number, and seriousness of the deficiencies;

(2) The extent to which the 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 program that is caused by the deficiency or deficiencies;

(4) The efforts made by, and the ability of the program to correct, the deficiency or deficiencies; and

(5) An assisted living program's prior history of compliance.

C. If the Department determines that a deficiency or an ongoing pattern of deficiencies exists, the Department shall notify the program of the deficiency or deficiencies and may:

(1) Impose a per day civil money penalty until sustained compliance has been achieved;

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

(3) Impose a per instance civil money penalty for each instance of violation.

D. If the Department permits a program the opportunity to correct the deficiencies by a specific date, and the program 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.

E. 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.

F. An order issued pursuant to this regulation shall be void unless issued within 60 days of the inspection or reinspection at which the deficiency is identified.