1. (1) If the Authority learns that any reporting entity has failed to file a capital project report, the Authority shall contact the reporting entity by certified mail requesting the unfiled report. If the reporting entity fails to reply within 30 calendar days or continues to be non-compliant with the reporting requirements, the Authority shall assess a civil penalty pursuant to the following schedule:

   1. (a) $250 per day for the first five days of failure to file in accordance with ORS 442.991; and
   2. (b) $500 per day from the sixth day until filing in accordance with ORS 442.991 is completed.
2. (2) Any amount of civil penalty assessed by the Authority may not be allowed as a reimbursable cost item and may not be recoverable from any category of payment source or patient.

Statutory/Other Authority

ORS 442.362

Statutes/Other Implemented

ORS 442.361, 442.362 & 442.991

History

OHP 7-2015, f. & cert. ef. 9-24-15
OHP 3-2010, f. 6-24-10, cert. ef. 7-1-10