Section 10.11 - Special Provisions(1)Penalties for Diversion of Free Care Patients. (a)Diversion Subject to Penalty. A diversion is subject to a penalty if: 1. the Division finds that an eligible patient was transferred from one Hospital to another Hospital without the consent of the receiving Hospital; and2. the transfer was in violation of EMTALA.(b)Eligible Patient. An eligible patient is either: 1. a patient that the transferring Hospital knows is eligible for free care, or2. a patient subsequently appropriately determined by the receiving Hospital to be eligible for free care.(c)Penalties. The Division may assess a penalty, not to exceed $10,000, for each improper diversion of a free care patient. Any amount collected pursuant to 114. 6 CMR 10.00 shall be deposited into the Uncompensated Care Fund.(d) Hospitals must maintain records sufficient to document consent for transfers of free care patients to other Hospitals and must make such records available to the Division upon request.(e) The Division will review complaints of improper diversion of free care patients and may initiate an investigation based on such complaints. The Division may also initiate an investigation based on Department of Public Health findings of EMTALA violations, or its review of Free Care applications and claims data that either indicates possible diversion of free care patients or demonstrates a significant decrease in the volume of a hospital's free care claims.(2)Administrative Bulletins. The Division may, from time to time, issue Administrative Information Bulletins to clarify its policy and understanding of substantive provisions of 114. 6 CMR 10.00. In addition, the Division may issue Administrative Information Bulletins which specify the information and documentation necessary to implement 114. 6 CMR 10.00.114 CMR, § 114. 10, § 10.11