Utah Admin. Code 428-2-9

Current through Bulletin 2024-17, September 1, 2024

Section R428-2-9 - Penalties

(1) The Office may apply civil penalties or subject violators to legal prosecution.

(2) Sections 26-23-6 and 26-33a-110 specify civil and criminal penalties for failure to comply with the requirements of Title R428 or Title 26, Chapter 33a, Utah Health Data Authority Act.

(3) Notwithstanding Subsection R428-2-9(2), any person or entity that violates Title R428 may be assessed an administrative civil money penalty not to exceed $3,000 upon an administrative finding of a first violation and up to $5,000 for a subsequent similar violation within two years. A person may also be subject to penalties imposed by a civil or criminal court, which may not exceed $5,000 or a class B misdemeanor for the first violation and a class A misdemeanor for any subsequent similar violation within two years.

(4) Notwithstanding Subsections R428-2-9(2) and R428-2-9(3), a data supplier that violates Title R428 may be assessed an administrative civil money penalty for each day of non-compliance. Fines may be imposed as follows:

(a) not to exceed the sum of $10,000 per violation

(b) each day of violation is a separate violation; and

(c) deadlines established in separate sections of Title R428 are considered as separate provisions.

(5) The Office may impose a fine on any data supplier that misses a deadline to submit data required in Title R428 as follows:

(a) fine of $250 per violation shall be imposed until the data has been supplied as required;

(b) fines shall increase to $500 per violation for each violation when any data supplier that is currently in violation misses another deadline; and

(c) after 45 consecutive calendar days of violation, the Office may adjust the per day penalty subject to the limits in Subsection (4)(a) taking into account the following aggravating and mitigating circumstances:

(i) prior violation history and history of compliance;

(ii) good faith efforts to prevent violations; and

(iii) size and financial capability of the data supplier.

Utah Admin. Code R428-2-9

Amended by Utah State Bulletin Number 2015-1, effective 12/8/2014

Amended by Utah State Bulletin Number 2015-16, effective 7/30/2015

Amended by Utah State Bulletin Number 2015-24, effective 11/30/2015

Amended by Utah State Bulletin Number 2016-8, effective 3/25/2016

Amended by Utah State Bulletin Number 2017-1, effective 12/15/2016

Amended by Utah State Bulletin Number 2018-1, effective 12/13/2017

Amended by Utah State Bulletin Number 2022-18, effective 9/1/2022