(1) Failure to Submit an Application for Registration. If the MA-RPO Program determines that a Provider or Provider Organization that has not submitted an Annual Filing may meet the Registration criteria in 958 CMR 6.03(1), the MA-RPO Program may send written notice to the Provider or Provider Organization. A Provider or Provider Organization that receives such a notice shall, within 21 calendar days of receipt of the notice:

1. (a) Submit confirmation to the MA-RPO Program that the Provider or Provider Organization shall submit an Annual Filing in compliance with 958 CMR 6.04 by the deadline established by the MA-RPO Program; or
2. (b) Submit adequate supporting documentation to demonstrate that the Provider or Provider Organization does not meet the Registration criteria in 958 CMR 6.03(1). The documentation must demonstrate to the satisfaction of the MA-RPO Program that the Provider or Provider Organization does not meet the Registration criteria in 958 CMR 6.03(1).

(2) Noncompliance, Notice. If, after the process described in 958 CMR 6.04 (6) & (7) or 6.05(1), the MA-RPO Program determines that a Provider Organization:

1. (a) has failed to submit a completed Annual Filing as required,
2. (b) failed to submit any additional information requested by the MA-RPO Program pursuant to 958 CMR 6.04(6), (8), (9), or (10), or otherwise failed to comply with the requirements of 958 CMR 6.00 or 957 CMR 11.00, the MA-RPO Program will provide written notice to the Provider Organization that failure to comply within two weeks of receipt of the written notice may result in penalties.

(3) Penalties. Penalties for noncompliance may include:

1. (a) in accordance with M.G.L. c. 12C, § 11 and any regulation promulgated thereunder, a Provider Organization may be subject to a penalty of up to $25,000 per week for each week of delay that it fails, without just cause, to comply with the MA-RPO Program requirements after the two-week notice period;
2. (b) in accordance with M.G.L. c. 6D, § 12, a Provider Organization may not negotiate, represent, or otherwise act on behalf of any Provider or Provider Organization for the purposes of establishing contracts for the payment of Health Care Services with any Payer or Third-party Administrator. The MA-RPO Program may provide notice of a Provider's or Provider Organization's noncompliance with 958 CMR 6.00 to Payers and the Division.