(a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty.
(b) In the event that a civil monetary penalty has been collected by the State and the federal government subsequently collects a penalty for the same conditions, the State shall refund the previously collected penalty.
Structure Delaware Code
Chapter 11. Long-Term Care Facilities and Services.
Subchapter I. Licensing By The State
§ 1103. License and renewal requirement.
§ 1104. License and renewal application.
§ 1105. Denial of license or its renewal.
§ 1107. Inspections and monitoring.
§ 1108. Posting of inspection summary and other information and public meetings.
§ 1111. Overlap of state licensing and federal certification penalties.
§ 1112. Collection of civil penalties.
§ 1113. Other remedies for noncompliance.
§ 1114. Right to hearing on deficiencies and remedies for noncompliance.
§ 1116. Coordination of enforcement actions with the attorney general's office.
§ 1117. Retaliation or discrimination against complainant.
§ 1118. Third-Party reimbursement.
§ 1119A. Confidentiality of resident records.