2005 Connecticut Code - Sec. 19a-528. (Formerly Sec. 19-611). Criteria for imposing civil penalties.

      Sec. 19a-528. (Formerly Sec. 19-611). Criteria for imposing civil penalties. In imposing the civil penalties which shall become due under sections 19a-524 to 19a-528, inclusive, the commissioner may consider all factors which he deems relevant, including, but not limited to, the following:

      (1) The amount of assessment necessary to insure immediate and continued compliance;

      (2) The character and degree of impact of the violation on the health, safety and welfare of any patient in the nursing home facility;

      (3) The conduct of the person against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation;

      (4) Any prior violations by the nursing home facility of statutes, regulations or orders administered, adopted or issued by the Commissioner of Public Health.

      (P.A. 76-331, S. 2, 16; P.A. 77-614, S. 323, 610; P.A. 79-467, S. 5, 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 79-467 added "facility" to nursing home references; Sec. 19-611 transferred to Sec. 19a-528 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      Cited. 13 CA 641, 643.

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