Md. Code Regs. 10.07.14.56

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.14.56 - Sanctions

A. If the Secretary determines that an assisted living program has violated this chapter, the Secretary, in addition to the sanctions set forth in this chapter may:

(1) Restrict the number of residents the assisted living program may admit in accordance with Health-General Article, §19-328, Annotated Code of Maryland;

(2) Require the assisted living program to reduce the number of residents in care;

(3) Restrict the levels of care for which the assisted living program may provide services;

(4) Require the licensee, and any of its staff, to receive remedial instruction in a specific area;

(5) Require the assisted living program to use the services of a management firm approved by the Department;

(6) Mandate staffing patterns which specify number of personnel, personnel qualifications, or both;

(7) Require the establishment of an escrow account in accordance with Health-General Article, §19-362, Annotated Code of Maryland;

(8) Direct the licensee to correct the violations in a specific manner or within a specified time frame, or both;

(9) Notify, or require the assisted living program to notify, the representative or family of any resident who is affected by the noncompliance;

(10) Increase the frequency of monitoring visits during a specified period of time; or

(11) Enter into an agreement with the licensee establishing certain conditions for continued operation, including time limits for compliance.

B. If the Secretary determines that the licensee has violated a condition or requirement of an imposed sanction, the Secretary may suspend or revoke the license.

C. Appeals.

(1) A licensee aggrieved by the imposition of a sanction under §A(1), (2), or (3) or B of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .64 of this chapter.

(2) A licensee aggrieved by the imposition of a sanction under §A(7) of this regulation may appeal the Secretary's action in accordance with Health-General Article, §§19-364 and 19-367, Annotated Code of Maryland.

(3) This section does not, however, create an appeal for a decision made under Regulation .22I of this chapter.

Md. Code Regs. 10.07.14.56

Regulations .56 adopted effective December 29, 2008 (35:26 Md. R. 2249)