10.07.01.32-1

.32-1 Civil Money Penalties — Imposition.

A. The Department may impose a civil money penalty not to exceed $10,000 for each failure of a hospital to comply with the requirements of Regulation .27 of this chapter.

B. In determining whether to impose a civil money penalty, the Department may consider the following factors:

(1) The number of failures to comply;

(2) The nature and seriousness of the failure to comply;

(3) The degree of risk to the health, life, or safety of the patient being discharged that is caused by the failure to comply;

(4) A hospital's prior history to comply with discharge requirements; and

(5) Such other factors as justice may require.