Title 23
Health and Safety

Chapter 103
Disclosure of Prices — Medical Facility Items

§ 23-103-7. Material violation — Corrective action plan.

(a) A facility materially violates this chapter if the facility fails to:

(1) Comply with the requirements of § 23-103-2; or

(2) Publicize the facility’s standard charges in the form and manner required by §§ 23-103-3 and 23-103-4.

(b) If the commission determines that a facility has materially violated this chapter, the commission may issue a notice of material violation to the facility and request that the facility submit a corrective action plan. The notice shall indicate the form and manner in which the corrective action plan shall be submitted to the commission, and clearly state the date by which the facility shall submit the plan.

(c) A facility that receives a notice under subsection (b) of this section shall:

(1) Submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation; and

(2) As soon as practicable after submission of a corrective action plan to the commission, act to comply with the plan.

(d) A corrective action plan submitted to the commission shall:

(1) Describe in detail the corrective action the facility will take to address any violation identified by the commission in the notice provided under subsection (b) of this section; and

(2) Provide a date by which the facility will complete the corrective action described by subsection (d)(1) of this section.

(e) A corrective action plan is subject to review and approval by the commission. After the commission reviews and approves a facility’s corrective action plan, the commission may monitor and evaluate the facility’s compliance with the plan.

(f) A facility is considered to have failed to respond to the commission’s request to submit a corrective action plan if the facility fails to submit a corrective action plan:

(1) In the form and manner specified in the notice provided under subsection (b) of this section; or

(2) By the date specified in the notice provided under subsection (b) of this section.

(g) A facility is considered to have failed to comply with a corrective action plan if the facility fails to address a violation within the specified period of time contained in the plan.