1. (a) Data reporting.

   1. (1) If a hospital does not submit a completed survey form to the Texas Department of Health (department) within the 60-day reporting period established in §13.15 of this title (relating to Survey Forms), the department may institute the following procedures.

      1. (A) The department will notify the entity in writing by certified mail, return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 104. The written notification will also state that the commissioner of health may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital fails to submit the requested data to the department within 30 days of the date the entity received the notification letter.
      2. (B) If the department does not receive the requested data from the non-responding hospital within the specified time frame, the commissioner of health may notify the attorney general in writing of the entity's noncompliance. The department will send a copy of the written notification to the hospital.
   2. (2) A hospital that does not timely submit requested data to the department according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $500 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 104.

2. (b) Community benefits plans.

   1. (1) A nonprofit hospital or hospital system that does not timely submit a report of the community benefits plan to the Texas Department of Health (department) according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $1,000 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 311.

   2. (2) If a nonprofit hospital or hospital system does not submit a report of the community benefits plan to the department within the reporting period established in §13.17 of this title (relating to Duties of Nonprofit Hospitals under Health and Safety Code, Chapter 311), the department may institute the following procedures.

      1. (A) The department will notify the entity in writing by certified mail, return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 311. The written notification will also state that the commissioner of health may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital or hospital system fails to submit the report to the department within ten days after receipt of the written notification letter.
      2. (B) If the department does not receive the report of the community benefits plan from the non-responding hospital or hospital system within the specified time frame, the commissioner of health may notify the attorney general in writing of the entity's noncompliance. The department will send a copy of the written notification to the hospital or hospital system.

Source Note:The provisions of this §13.18 adopted to be effective February 23, 1994, 19 TexReg 921; amended to be effective February 28, 1996, 21 TexReg 1282; amended to be effective May 10, 1998, 23 TexReg 4269.