71-2099. Civil penalties; type and amount; criteria.

The department shall adopt criteria for determining the type and amount of the civil penalty assessed under section 71-2098. Such criteria shall include, but need not be limited to, consideration of the following factors:

(1) The period of time over which the violation occurred;

(2) The frequency of the violation;

(3) The nursing facility's history concerning the type of violation for which the civil penalty is assessed;

(4) The nursing facility's intent or reason for the violation;

(5) The effect, if any, of the violation on the health, safety, security, or welfare of the residents;

(6) The existence of other violations, in combination with the violation for which the civil penalty is assessed, which increase the threat to the health, safety, security, rights, or welfare of the residents;

(7) The accuracy, thoroughness, and availability of records regarding the violation, which the nursing facility is required to maintain; and

(8) The number of additional related violations occurring within the same time span as the violation in question.

Source:Laws 1996, LB 1155, § 74; Laws 1997, LB 307, § 182; Laws 2007, LB296, § 525.