Massachusetts § 73 - Penalties

§ 73. Penalties

Section 73. (a) Whoever advertises, announces, establishes or maintains, or is concerned in establishing or maintaining, a long-term care facility, or otherwise is engaged in any such business without a license granted pursuant to section 71, or whoever being licensed pursuant to said section 71 violates any provision of sections 71 to 73, inclusive, shall for a first offense be punished by a fine of not more than $1,000, and for a subsequent offense by a fine of not more than $2,000 or by imprisonment for not more than 2 years.

(b) Whoever violates any rule or regulation promulgated pursuant to sections 71, 72 and 72C shall be punished by a fine, not to exceed $500, unless the department determines a higher amount is appropriate in accordance with 42 CFR 488.438. If any person violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order such person, in writing, to correct or remedy such condition. If such person fails or refuses to comply with such order by the correct by date, each day after the correct by date during which such failure or refusal to comply continues shall constitute a separate offense. A failure to pay the fine imposed by this section shall be a violation of this subsection.