§ 23-16-11 — Penalties

1. Any person establishing, conducting, managing, or operating any institution subject to
this chapter, without first obtaining a license as required by this chapter, or who
violates any of the provisions of this chapter is guilty of an infraction.
2. In addition to any criminal sanctions that may be imposed pursuant to law, any person
maintaining or operating a nursing facility licensed by the department of health and
human services who is found guilty of knowingly violating any provision of this title or
any rules adopted under this title, or any person maintaining or operating a nursing
facility found to have deficiencies during a survey of the nursing facility, may be
assessed a civil penalty not to exceed one thousand dollars for each violation and for
each day the violation continues plus interest and any costs incurred by the
department of health and human services to enforce this penalty. This civil penalty
may be imposed by a court in a civil proceeding or by the department of health and
human services through an administrative hearing under chapter 28-32. If a civil
penalty levied by the department of health and human services after an administrative
hearing is not paid within thirty days after a final determination that a civil penalty is
owed, unless the determination of a civil penalty is appealed to a district court, the civil
penalty and any costs incurred by the department of health and human services to
enforce the penalty may be withheld from payments due to the person or nursing
facility from the department of health and human services. Any funds received as
penalties must be applied to protect residents of the nursing facility, to relocate
residents, to maintain operation of the nursing facility, and to reimburse residents for
loss of personal funds.