Maine Code § 22-7946

1. Procedure. The department may impose any sanction in conformity with the Maine
Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the long-term care facility
the opportunity for an administrative hearing, or file a complaint with the Superior Court requesting
the imposition of any sanction authorized by this chapter.
[PL 1987, c. 774, §4 (NEW).]
2. Collection of penalties; interest. Long-term care facilities that are fined pursuant to this chapter
are required to pay the department the amount of the penalties. Penalties may be collected by the
department by the offset of any reimbursement due the facility, or by any other method authorized by
law. An appeal of the department's decision to penalize a long-term care facility stays the collection of
any penalties. All penalties are to be assessed for each day that the facility is or was out of compliance
and are to be collected with interest accruing at the rate set by Title 14, section 1602-C. An appeal of

the department's decision to penalize a long-term care facility does not stay the assessment of any
penalties or interest as long as the long-term care facility continues to be in violation of any requirement
of section 7943.
[PL 2003, c. 460, §12 (AMD).]
3. Reduction or delay of penalties. The department may reduce the amount or delay the payment
of a penalty when a facility is able to show that payment of the total amount due would result in
inadequate funds to provide necessary services to residents. In making this determination, the
department may consider, among other factors, the amount of any savings as calculated pursuant to the
principles of reimbursement, overall profits or cash reserves and any extraordinary expenses
experienced by the facility, as well as the necessity of providing an incentive to correct violations of
this chapter.
[PL 1987, c. 774, §4 (NEW).]
4. Income from penalties. Any income from penalties must be placed in a special revenue account
and be used by the department for purposes related to improving the quality of care for residents of
long-term care facilities.
[PL 2009, c. 621, §7 (AMD).]
5. No limitation on right of action.
[PL 1991, c. 637, §1 (RP).]

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