(a)    A civil money penalty imposed under this section for potential for more than minimal harm deficiencies:

(1)    May not exceed $10,000 per instance; or

(2)    May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(b)    A civil money penalty imposed under this subtitle for actual harm deficiencies:

(1)    May not exceed $10,000 per instance; or

(2)    May not exceed $5,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(c)    A civil money penalty imposed under this section for a serious and immediate threat:

(1)    May not exceed $10,000 per instance; or

(2)    May not exceed $10,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(d)    In setting the amount of a civil money penalty under this section, the Secretary shall consider, pursuant to guidelines set forth in regulations promulgated by the Secretary, the following factors:

(1)    The number, nature, and seriousness of the deficiencies;

(2)    The degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;

(3)    The efforts made by the nursing home to correct the deficiency or deficiencies;

(4)    Current federal guidelines for money penalties;

(5)    Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing home to continue operating as a nursing home; and

(6)    Such other factors as justice may require.