(1) Type A civil monetary penalties may be imposed whenever the commissioner finds the conditions in a nursing home are, or are likely to be, detrimental to the health, safety or welfare of the patients, and the commissioner has accompanied this finding by ordering the nursing home to suspend the admission of any new patients, as provided by § 68-11-252.
(2) No type A civil penalty may be imposed solely for a communicable disease where the nursing home has maintained an adequate quality of patient care and made reasonable efforts to prevent the spread of the communicable disease.
(3) The imposition of a type A civil penalty shall exclude the assessment of type B or type C civil penalties for the specific violations contributing to these conditions.