Md. Code Regs. 10.63.06.18

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

Section 10.63.06.18 - 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 program's prior history of compliance or noncompliance.

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.

Md. Code Regs. 10.63.06.18

Regulation .18 adopted effective 43:10 Md. R. 585, eff.7/1/2016