Title 23
Health and Safety

Chapter 103
Disclosure of Prices — Medical Facility Items

§ 23-103-8. Administrative penalty.

(a) The commission may impose an administrative penalty on a facility in accordance with this chapter if the facility fails to:

(1) Respond to the commission’s request to submit a corrective action plan; or

(2) Comply with the requirements of a corrective action plan submitted to the commission.

(b) The commission may impose an administrative penalty on a facility for a violation of each requirement of this chapter. The commission shall set the penalty in an amount sufficient to ensure compliance by facilities with the provisions of this chapter subject to the limitations prescribed by subsection (c) of this section.

(c) For a facility with one of the following total gross revenues as reported to the Centers for Medicare and Medicaid Services or to another entity designated by commission rule in the year preceding the year in which a penalty is imposed, the penalty imposed by the commission may not exceed:

(1) Ten dollars ($10.00) for each day the facility violated this chapter, if the facility’s total gross revenue is less than ten million dollars ($10,000,000);

(2) One hundred dollars ($100) for each day the facility violated this chapter, if the facility’s total gross revenue is ten million dollars ($10,000,000) or more and less than one hundred million dollars ($100,000,000); and

(3) One thousand dollars ($1,000) for each day the facility violated this chapter, if the facility’s total gross revenue is one hundred million dollars ($100,000,000) or more.

(d) Each day a violation continues is considered a separate violation.

(e) In determining the amount of the penalty, the commission shall consider:

(1) Previous violations by the facility’s operator;

(2) The seriousness of the violation;

(3) The demonstrated good faith of the facility’s operator; and

(4) Any other matters as justice may require.

(f) An administrative penalty collected under this chapter shall be deposited to the credit of an account in the general revenue fund administered by the commission. Money in the account may be appropriated only to the commission.