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10.07.02.52
.52 Civil Money Penalties-Amount of Penalty.
A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:
(1) $10,000 per instance; or
(2) $1,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
B. A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:
(1) $10,000 per instance; or
(2) $5,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
C. A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:
(1) $10,000 per instance; or
(2) $10,000 per day for an ongoing pattern of deficiencies until correction of the deficiencies has been verified and sustained compliance has been maintained.
D. In setting the amount of a civil money penalty, the Department shall consider the following factors:
(1) The number, nature, and seriousness of the deficiencies;
(2) The degree of risk to the health, life, or safety of the residents of the nursing facility caused by the deficiency or deficiencies;
(3) The efforts made by, and the ability of, the nursing facility to correct the deficiency or deficiencies;
(4) Current federal guidelines for civil money penalties;
(5) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing facility to continue operating as a nursing facility;
(6) A nursing facility's prior history of compliance; and
(7) Such other factors as justice may require.
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