(a) The Secretary may impose a civil money penalty not to exceed $10,000 for:
(1) Each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle; or
(2) Each willful or grossly negligent violation by a resident’s agent or legal representative of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.
(b) If a civil money penalty is imposed under this section, the facility or agent or legal representative of the resident shall have the right to appeal from an order imposing the civil money penalty in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) (1) A resident, resident’s agent, or resident’s attorney, or the Attorney General on behalf of the resident, who believes that an involuntary discharge or transfer that violates the requirements of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle is imminent or has taken place may request injunctive relief from a circuit court.
(2) In an action brought by the Attorney General under this subsection, the Attorney General may request that the court impose a civil penalty not to exceed $100,000 for each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.
Structure Maryland Statutes
Title 19 - Health Care Facilities
Subtitle 3 - Hospitals and Related Institutions
Part VI - Rights of Individuals
Section 19-343 - Related Institutions
Section 19-344 - Procedures for Compliance
Section 19-345 - Transfer or Discharge of Resident
Section 19-345.1 - Notice of Discharge or Transfer
Section 19-345.2 - Involuntary Discharge
Section 19-346 - Property of Residents
Section 19-347 - Abuse Prohibited
Section 19-348 - Examination for Cervical Cancer; Mammography Educational Materials
Section 19-349 - Notice of Increase in Charges
Section 19-349.1 - Notice of Outpatient Status, Billing Implications, and Impact of Status
Section 19-349.2 - Disclosure of Outpatient Facility Fees -- Complaints
Section 19-350 - Itemized Financial Statement
Section 19-350.1 - Uniform Claims Forms
Section 19-352 - Interest Penalties
Section 19-353 - Statement of Right to Receive Pain Assessment, Management, and Treatment