10.63.06.18

.18 Civil Money Penalties.

A. Notwithstanding any penalty that may be imposed under the Civil False Claims Act, pursuant to Health-General Article, §2-611, Annotated Code of Maryland or other statute, the Department may impose a civil monetary penalty on a person for:

(1) Operating a community-based behavioral health services program without a license, if one is required by law or regulation;

(2) Any material and egregious violation of any provision of this subtitle; or

(3) Both.

B. In determining whether a civil monetary penalty is to be imposed, the Department shall consider the following, among any other relevant factors:

(1) The nature, number, and seriousness of the deficiencies;

(2) The extent to which the deficiency or deficiencies are part of an ongoing pattern;

(3) The degree of risk to the health, life, or safety of the individuals receiving services from the program;

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

(5) The programís prior history of compliance or non-compliance.

C. In determining the amount of any civil money penalty to be imposed, the Department shall consider the factors listed in §B of this regulation, among any other relevant factors.