Failure to establish escrow account or correct hazardous condition

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    (a)    If the related institution fails to establish the escrow account as ordered, the Secretary may petition the appropriate circuit court to require compliance with the sanction order.

    (b)    If the hazardous condition is not corrected or progress acceptable to the Secretary is not made within the time frame set by the sanction order, the Secretary may:

        (1)    Petition the appropriate circuit court to require the related institution to comply with the sanction order; or

        (2)    Order the forfeiture of the escrowed funds and/or remove all patients and initiate procedures to revoke the related institution’s licensure in accordance with § 19–327 of this subtitle.

    (c)    Upon petition to the circuit court under subsection (b)(1) of this section, and following notification to the Secretary by the circuit court that the related institution has failed to comply with a court order, the Secretary may impose further sanctions in accordance with subsection (b)(2) of this section. This sanction is in addition to all remedies otherwise available to the circuit court for enforcement of a court order.


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