§ 73 — Penalties

[ Text of section effective until December 5, 2024. For text effective December 5, 2024, see below.]Section 73. Whoever advertises, announces, establishes or maintains, or is concerned in establishing or maintaining, a convalescent or nursing home, infirmary maintained in a town, a rest home, charitable home for the aged or intermediate care facility for persons with an intellectual disability, or is engaged in any such business, without a license granted under section seventy-one, or whoever being licensed under said section violates any provision of sections seventy-one to seventy-three, inclusive, shall for a first offense be punished by a fine of not more than five hundred dollars, and for a subsequent offense by a fine of not more than one thousand dollars or by imprisonment for not more than two years.Whoever violates any rule or regulation made under sections seventy-one, seventy-two and seventy-two C shall be punished by such fine, not to exceed fifty dollars, as the department may establish. 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 him, in writing, to correct or remedy such condition, and if such person fails or refuses to comply with such order, each day during which such failure or refusal to comply continues shall constitute a separate offense.Chapter 111: Section 73. Penalties[ Text of section as amended by 2024, 197, Sec. 18 effective December 5, 2024. For text effective until December 5, 2024, see above.]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.