1. 1. The Department shall impose an administrative penalty against a hospital that the Department determines, after notice and the opportunity for a hearing in accordance with NRS 439B.2833 and 439B.2835 and any regulations adopted pursuant thereto, has violated any provision of NRS 439B.2801 to 439B.2839, inclusive, or failed to comply with any requirement imposed by the Department pursuant to NRS 439B.2835 or any plan of correction approved by the Department pursuant to NRS 439B.2835.

2. 2. An administrative penalty imposed pursuant to this section must be in an amount of:

   1. (a) Not less than $600 for a hospital with not more than 30 beds;
   2. (b) Not less than $20 for each bed in a hospital with at least 31 and not more than 550 beds; and
   3. (c) Not less than $11,000 for a hospital with more than 550 beds.
3. 3. For the purposes of this section, each day that a hospital has failed to correct a violation beyond the date prescribed pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 439B.2835 or subparagraph (3) of paragraph (c) of subsection 1 of NRS 439B.2835, as applicable, or failed to submit a plan of correction or a notice of appeal beyond the date prescribed pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 439B.2835 constitutes a separate violation.

4. 4. In determining the amount of an administrative penalty imposed pursuant to this section, the Department shall consider:

   1. (a) Previous violations by the operator of the hospital;
   2. (b) The seriousness of the violation;
   3. (c) The demonstrated good faith of the operator of the hospital; and
   4. (d) Such other matters as justice may require.
5. 5. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department to carry out the provisions of NRS 439B.2801 to 439B.2841, inclusive.

(Added to NRS by 2025, 1653)