Section 448.817 - Actions against violations of law, rules and regulations(a) Actions brought by department.--Whenever any person, regardless of whether such person is a licensee, has violated any of the provisions of this chapter or the regulations issued pursuant thereto, the department may maintain an action in the name of the Commonwealth for an injunction or other process restraining or prohibiting such person from engaging in such activity.(b) Civil penalty.--Any person, regardless of whether such person is a licensee, who has committed a violation of any of the provisions of this chapter or of any rule or regulation issued pursuant thereto, including failure to correct a serious licensure violation (as defined by regulation) within the time specified in a deficiency citation, may be assessed a civil penalty by an order of the department of up to $500 for each deficiency for each day that each deficiency continues. Civil penalties shall be collected from the date the facility receives notice of the violation until the department confirms correction of such violation.(c) Funds collected as a result of the assessment of a civil penalty.--When all other sources of funding have been exhausted, the department shall apply funds collected as a result of the assessment of a civil penalty to the protection of the health or property of patients or residents of the health care facility. Funds may be utilized to:(1) Provide payment to temporary management.(2) Maintain the operation of the health care facility pending correction of deficiencies or closure.(3) In the case of a long-term care nursing facility, relocate residents to other licensed health care facilities.(4) In the case of a long-term care nursing facility, reimburse residents for misappropriated personal needs allowance.(d) Facility closure for threat to health or safety.--Whenever the department determines that deficiencies pose an immediate and serious threat to the health or safety of the patients or residents of the health care facility, the department may direct the closure of the facility and the transfer of patients or residents to other licensed health care facilities.1979, July 19, P.L. 130, No. 48, § 817, added 1980, July 12, P.L. 655, No. 136, § 7, imd. effective. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 23, imd. effective.