Section 1200-20-13-.04 - PENALTY ASSESSMENT(1) A treating hospital, which intentionally fails to comply with reporting or confidentiality and disclosure requirements, is subject to a civil penalty. The penalty is for failure to report and is not based on the number of individual records. The penalty assessment will be based on the following: Not more than one hundred dollars for the first violation; not more than one thousand dollars for the second; not more than two thousand dollars for the third; not more than three thousand dollars for the fourth; not more than four thousand dollars for the fifth; and not more than five thousand for all subsequent violations.(2) Penalties will be initially assessed for all records due to be reported on the current quarter and every quarter thereafter.(3) Upon receipt of the penalty assessment, the hospital has the right to an informal conference with the Commissioner. A written request for an informal conference must be received by the Commissioner within thirty (30) days of the assessment with a copy being sent to the Director of Health Statistics and Research within the same time frame.(4) The penalty assessment will accrue for subsequent delinquent data until the records are received.(5) The Commissioner may grant a waiver from penalties to a hospital in cases of extraordinary circumstances clearly beyond the control of the hospital. The hospital must make a written request for the waiver and an informal conference within thirty (30) days following notification of the assessment which will not be subject to the Uniform Administrative Procedures Act.(6) After the conference with the Commissioner or the time frame for requesting a conference has expired, the Commissioner can collect the penalty fees unless the hospital appeals the Commissioner's decision. If the hospital wishes to appeal the decision of the Commissioner, a written request for a hearing before an Administrative Law Judge must be sent to the Commissioner within ten (10) business days of the receipt of the Commissioner's written determination. Issues involving collection of penalties directly from hospitals resolved by an Administrative Law Judge will be in accordance with the Uniform Administrative Procedures Act.Tenn. Comp. R. & Regs. 1200-20-13-.04
Original rule filed April 17, 2000; effective July 1, 2000.Authority: T.C.A. 4-5-202 and 68-55-204.