§8705. Enforcement

The board shall adopt rules to ensure that providers file data as required by section 8704, subsection 1, and that users that obtain from the organization health data and information safeguard the identification of patients and providers as required by section 8707, subsections 1 and 3 and that payors and providers pay all assessments as required by section 8706, subsection 2.

1. Rulemaking. The board shall adopt rules setting a schedule of forfeitures for willful failure to file data as required and failure to pay assessments, and willful failure to safeguard the identity of patients, providers, health care facilities or 3rd-party payors. Rules adopted pursuant to this subsection are routine technical rules as defined in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A. The rules may contain procedures for monitoring compliance with this chapter.

2. Forfeitures. A person or entity that violates the requirements of section 8704, subsection 1 or section 8707, subsections 1 and 3 this chapter commits a civil violation for which a forfeiture may be adjudged not to exceed $1000 per day for a health care facility or $25 $100 per day for all other persons, entities and providers. A forfeiture imposed under this subsection may not exceed $25,000 for a health care facility for any one occurrence or $250 $2,500 for any other person or entity for any one occurrence.

3. Enforcement action. Upon a finding that a person or entity has willfully refused failed to comply with the requirements of this chapter, including the payment of a forfeiture determined under this section, the board may take any of the following actions.

A. The board may file a complaint with the licensing board of the provider seeking disciplinary action against the provider.

B. The board may file a complaint with the Superior Court in the county in which the person resides or the entity is located, or in Kennebec County, seeking an order to require that person or entity to comply with the requirements of this chapter, enforcement of a forfeiture determined under this section or for other relief from the court.

Sec. 8. 22 MRSA §8706, sub-§1, as enacted by PL 1995, c. 653, Pt. A, §2 and affected by §7, is repealed.