| | |
| 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: |
|
| | | A.__Failure to file data; |
|
| | | B.__Failure to pay assessments; and |
|
| | | 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. |
|
| | | 3.__Fines.__The following provisions apply to enforcement | | actions under this section except for circumstances beyond a | | person's or entity's control. |
|
| | | 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. |
|
| | | 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. |
|
| | | 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. |
|
| | | 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. |
|
|