Fiscal Sanctions 660-05-40-20

(Revised 5/1/19 ML 3549)

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A licensed provider, if issued a notice of noncompliance with a correction order, must be assessed fiscal sanctions in the following manner:

1. The following deficiencies will result in a twenty-five (25) dollar per day fiscal sanction:

1. Warped or damaged floors, lose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other such hazards that would effect the safety of an adult residing in the facility.
2. Offensive odors, vermin, dampness.
3. The facility is not maintained so as to prevent crawling and flying pests from entering the facility through the windows.
4. Stairways are not equipped with handrails.
5. Shower enclosures are not equipped with nonporous surfaces and the bottom of bathtubs and floor of showers are not equipped with safety mats or slip preventing materials.
6. Rubbish, garbage, and other refuse is not stored in readily cleanable containers and removed from the facility at least every second day. Rubbish, garbage, and other refuse kept outside of the facility is not stored in readily cleanable, rodent proof containers and disposed of weekly.
7. The facility is not kept reasonably free of animal feces, urine, and hair.
8. Firearms are not stored, unloaded, in a locked cabinet and the firearms cabinet is not located in an area of the facility that is not readily accessible to residents.
9. Interior doors with locking mechanisms cannot be unlocked from either side.
10. The heating and electrical system has not been inspected periodically as requested by the Department.
11. Food preparation areas, equipment, and food storage areas are not clean, free of offensive odors, and in sound working condition.
12. Meals are not nutritious and well balanced in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences.
13. Restricted access to food at any time and adequate amounts of food or choices are not available at all meals.
14. The provider has not terminated care of a resident when such care is no longer required or when the provider is no longer qualified to provide the care needed by the resident receiving Adult Foster Care.
15. Bedrooms occupied by one resident have less than seventy (70) square feet of usable floor space or bedrooms occupied by two residents have less than one hundred-twenty (120) feet of usable floor space.
16. Bedroom ceilings are not at least six (6) feet and eight (8) inches above the finished floor surface at the ceiling’s lowest point.
17. Bedrooms occupied by residents that are located below grade level do not have two means of egress, one which leads to the outside of the facility.  
18. The facility does not have a telecommunication devise on the main floor that is available for use by the residents.
19. Septic tanks or other non-municipal sewage disposal systems do not meet the plumbing code.
20. Drinking water is not obtained from an approved community water system or from a source tested by a certified laboratory and approved by the State Department of Health.
21. Milk is not obtained from an approved commercial source.
22. Information related to the resident was not kept confidential.
23. The providers respite providers or substitute caregivers do not meet the required qualifications.
24. The facility is not maintained by a central heating system set at a temperature of at least sixty-eight (68) degrees.

2. The following deficiencies will result in a fifteen-dollar (15) per day fiscal sanction:

1. More than two residents have been assigned to one bedroom.
2. The provider is refusing to cooperate with the County Social Service Agency Department or Aging Services Division in inspections, complaint investigations, planning for the care of a resident, application procedures, and other necessary activities that relate to the well being of a resident.
3. The provider does not have available a signed copy of the Service and Rental Agreement on file for each resident.
4. A toilet or bathing facility is not available on the same floor as any bedroom occupied by a resident.

3. All other deficiencies will be assessed a five-dollar (15) per day fiscal sanction.

Fiscal sanctions must be assessed for each day the Adult Foster Care facility remains out of compliance after the allowable time for the correction of deficiencies ends and must continue until a notice of correction is received by the Aging Services Division. Fiscal sanctions must be received by the Aging Services Division every fifteen (15) days after receipt of the notice of noncompliance and at fifteen-day (15) intervals thereafter, as the fiscal sanctions accrue.

Recovery of an assessed fiscal sanction must be stayed if the provider makes written request to the Aging Services Division for an administrative hearing within ten (10) days after mailing or delivery of the notice of noncompliance.

Any fiscal sanction collected for any violation of the Adult Foster Care state statute, rule, or policy must be paid into the state treasury for the general fund after the costs of recovering the fiscal sanction are deducted.