Civil penalty for violations

Civil penalty for violations. (a) The department may impose a civil penalty on a facility if a facility fails to: (i) Respond to the department's notice to submit a corrective action plan within the timeframe specified by federal rules and regulations; or (ii) Comply with the requirements of a corrective action plan submitted to the department within the timeframe specified by federal rules and regulations. (b) A civil penalty imposed under subsection (a) of this section shall be: (i) hospitals: For facilities categorized as critical access (A) For a first offense within any twelve (12) month period, one hundred dollars ($100.00) per day for each day the department imposes a civil penalty under subsection (a) of this section; (B) For a second offense within any twelve (12) month period, five hundred dollars ($500.00) per day for each day the department imposes a civil penalty under subsection (a) of this section; (C) For a third or subsequent offense within any twelve (12) month period, one thousand dollars ($1,000.00) per day for each day the department imposes a civil penalty under subsection (a) of this section. (ii) For hospitals with prospective payment systems, one thousand dollars ($1,000.00) per day for each day within any twelve (12) month period the department imposes a civil penalty under subsection (a) of this section.