Rule 15-12-32-1.3.15 - Delinquent Payments to the Trauma Care Trust Fund1. If a hospital fails to submit an application for designation as a Trauma Center and fails to pay the required fee for Non-Participation by January 1, a letter from the Department will be sent via certified mail to the administrator of the hospital and the Trauma Region administrator informing them that payment is due no later than 20 days from the delivery date of the letter, or that the a request for a due process hearing must be received at the Department no later than 20 days from the delivery date of the letter.2. If the administrator fails to respond, or comply with the requirements of the certified letter, a letter will be sent by the Division of Trauma to the Bureau of Health Facilities Licensure and Certification documenting an alleged violation of the Minimum Standards for the Operation of Mississippi Hospitals, specifically that the governing body of the hospital, through its administrator, failed to take all reasonable steps to comply with all applicable federal, state and local laws and regulations. A copy of the letter will be sent to the hospital administrator and the Trauma Region administrator via certified mail.3. The Bureau of Health Facilities Licensure and Certification will conduct an investigation of the alleged violation(s). If a finding of Substantiated is returned, the Division of Trauma will recommend to Licensure and Certification that the hospital's license be revoked. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail. A copy of recommendation will also be sent to CMS.4. Once the hospital has satisfied the requirements of this Sub-chapter, the Division of Trauma will send a letter to License and Certification recommending reinstatement of the hospital's license with/without restrictions, as appropriate. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail and to CMS.5. If a hospital elects to participate at a level lower than the assessed capability and fails to pay the required fee for Non-participation by January 1, a letter from the Department will be sent via certified mail to the administrator of the hospital and the Trauma Region administrator informing them that payment is due no later than 20 days from the delivery date of the letter, or that the a request for a due process hearing must be received at the Department no later than 20 days from the delivery date of the letter.6. If the administrator fails to respond, or comply with the requirements of the certified letter, a letter will be sent by the Division of Trauma to the Bureau of Health Facilities Licensure and Certification documenting an alleged violation of the Minimum Standards for the Operation of Mississippi Hospitals, specifically that the governing body of the hospital, through its administrator, failed to take all reasonable steps to comply with all applicable federal, state and local laws and regulations. A copy of the letter will be sent to the hospital administrator and the Trauma Region administrator via certified mail.7. The Bureau of Health Facilities Licensure and Certification will conduct an investigation of the alleged violation(s) and if a finding of Substantiated is returned, the Division of Trauma will recommend to Licensure and Certification that the hospital's license be revoked. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail. A copy of recommendation will also be sent to CMS.8. Once the hospital has satisfied the requirements of this Sub-chapter, the Division of Trauma will send a letter to License and Certification recommending reinstatement of the hospital's license with/without restrictions as appropriate. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail and to CMS.9. If a hospital fails to maintain designation as a Trauma Center: a. The hospital must immediately notify the Department and the Trauma Region administrator when the loss of capability is experienced, and must present, within 20 days of the event, supporting documentation of the loss of capability and the proposed corrective action.b. The Division of Trauma will review the documentation and corrective action plan, and will determine the effective date of pro-ration of the fee for Non-participation.c. The Department will send a letter via certified mail to the hospital administrator and the Trauma Region administrator informing them that payment is due no later than 20 days from the delivery date of the letter, or that the a request for a due process hearing must be received at the Department no later than 20 days from the delivery date of the letter.d. If the administrator fails to respond, or comply with the requirements of the certified letter, a letter will be sent by the Division of Trauma to the Bureau of Health Facilities Licensure and Certification documenting an alleged violation of the Minimum Standards for the Operation of Mississippi Hospitals, specifically that the governing body of the hospital, through its administrator, failed to take all reasonable steps to comply with all applicable federal, state and local laws and regulations. A copy of the letter will be sent to the hospital administrator and the Trauma Region administrator via certified mail.e. The Bureau of Health Facilities Licensure and Certification will conduct an investigation of the alleged violation(s) and if a finding of Substantiated is returned, The Division of Trauma will recommend to Licensure and Certification that the hospital's license be revoked. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail. A copy of recommendation will also be sent to CMS.f. Once the hospital has satisfied the requirements of this Sub-chapter, the Division of Trauma will send a letter to License and Certification recommending reinstatement of the hospital's license with/without restrictions as appropriate. A copy of this recommendation will be sent to the hospital administrator and the Trauma Region administrator via certified mail and to CMS.15 Miss. Code. R. 12-32-1.3.15
Miss. Code Ann. § 41-59-75