The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a provider who admits a resident knowing that the resident’s care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm.
(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation.
The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible.
In imposing a civil penalty, the director shall consider the following factors:
The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
Any prior violations of statutes, rules or orders pertaining to facilities.
The economic and financial conditions of the person incurring the penalty.
The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents.
The licensing agency shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15; 2009 c.595 §791r; 2009 c.837 §34; 2011 c.37 §1]