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| 2.__Rulemaking.__The board shall adopt rules to implement this | section.__Rules adopted pursuant to this subsection are major | substantive rules as defined in Title 5, chapter 375, subchapter 2- | A.__The rules may contain procedures for monitoring compliance with | this chapter.__Rules adopted pursuant to this subsection must | include a schedule of fines for: |
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| A.__Failure to file data; |
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| B.__Failure to pay assessments; and |
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| C. Intentionally or knowingly and without authorization | using or disseminating health care information that directly | or indirectly identifies patients or health care | practitioners performing abortions as defined in section | 1596. |
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| | 3.__Fines.__The following provisions apply to enforcement | actions under this section except for circumstances beyond a | person's or entity's control. |
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| A.__When a person or entity that is a health care facility, | payor, 3rd-party administrator or carrier that provides only | administrative services for a plan sponsor violates the | requirements of this chapter, except for section 8707, that | person or entity commits a civil violation for which a fine | of not more than $1,000 per day may be adjudged.__A fine | imposed under this paragraph may not exceed $25,000 for any | one occurrence. |
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| B.__A person__or entity that receives data or information | under the terms and conditions of section 8707 and | intentionally or knowingly uses, sells or transfers the data | in violation of the board's rules for commercial advantage, | pecuniary gain, personal gain or malicious harm commits a | civil violation for which a fine not to exceed $250,000 may | be adjudged. |
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| C.__A person or entity not covered by paragraph A or B that | violates the requirements of this chapter, except for | section 8707, commits a civil violation for which a fine of | not more than $100 per day may be adjudged.__A fine imposed | under this paragraph may not exceed $2,500 for any one | occurrence. |
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| | 4.__Enforcement action.__Upon a finding that a person or | entity has failed to comply with the requirements of this | chapter, including the payment of a fine determined under this | section, the board may undertake any or all of the following. |
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