Ala. Admin. Code r. 420-4-5-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-4-5-.09 - Penalties

(1) The willful and intentional failure of a healthcare facility to comply with the HAI reporting requirements of these rules may result in the imposition of a civil monetary penalty not to exceed $5,000 per violation.

(a) Willful and intentional failure to comply with the reporting requirements of these rules includes the following:

1. Failure to submit required data by the deadline set forth in these rules, followed by the facility's failure to submit the data within sixty days of being notified by ADPH of the overdue submission, and

2. Deliberate falsification of data submitted.

(b) A healthcare facility may appeal the assessment of a civil penalty by requesting a hearing that shall be held in accordance with the Board's Rules for Hearing of Contested Cases, Ala. Admin. Code, Chapter 420-1-3, and the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-1, et seq.

(2) All civil monetary penalties collected shall be deposited into the General Fund.

Ala. Admin. Code r. 420-4-5-.09

New Rule: Filed June 23, 2010; effective July 28, 2010.

Author: Kelly M. Stevens, M.S.

Statutory Authority:Code of Ala. 1975, § 22-11A-113; 22-11A-119; 22-2-2(6).