1. (a) A cancer reporter in accordance with §91.3(a)-(b) of this title (relating to Who Reports) is considered compliant if he/she meets §91.4(a)(1) and (b) of this title (relating to What To Report), §91.5 of this title (relating to When To Report), and §91.6 of this title (relating to How To Report).
2. (b) A non-compliant reporter will be notified in writing as to his/her non-compliant status within 30 days following the end of the departmental designated quarter and will be given an opportunity to take corrective action within 60 days from the date of the notification letter. A second notification letter will be sent 30 days after the date of the original notification letter if no corrective action has been taken.
3. (c) If a cancer reporter is non-compliant and takes no corrective action within 60 days of the original notification letter, the department or its authorized representative may access the information from the hospital, cancer treatment center or clinical laboratory and report it in the appropriate format. In these cases, the hospital, cancer treatment center or clinical laboratory shall reimburse the department or the authorized representative for its cost to access and report the information. The hospital, cancer treatment center or clinical laboratory shall be notified at least two weeks in advance before arrival for collection of the information.
4. (d) Any hospital, cancer treatment center or clinical laboratory which is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subsection (c) of this section shall provide payment to the department or its authorized representative within 60 days of the day this payment is demanded. In the event any hospital, cancer treatment center or clinical laboratory fails to make payment to the department or its authorized representative within 60 days of the day the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed one and one-half percent per month of the outstanding balance. Further, in the event that the representative takes legal action to recover costs and any associated fees, and the department or its authorized representative receives a judgement in its favor, the hospital, cancer treatment center or clinical laboratory shall also reimburse the department or its authorized representative for any additional cost incurred to pursue the legal action. Late fees and payment made to the department by hospitals, cancer treatment centers or clinical laboratories pursuant to this subdivision shall be considered as reimbursement of the additional costs incurred by the department.

Source Note:The provisions of this §91.8 adopted to be effective August 6, 1998, 23 TexReg 7801.