1. (1) The department may apply civil penalties or subject violators to legal prosecution.
2. (2) Sections 26B-1-224 and 26B-8-509 specify civil and criminal penalties for failure to comply with the requirements of Title R428 or Title 26B, Chapter 8, Part 5, Utah Health Data Authority.
3. (3) Any person or entity that violates Title R428 may be assessed an administrative civil money penalty not to exceed $3,000 upon an administrative finding of a first violation and up to $5,000 for a subsequent similar violation within two years. A person may also be subject to penalties imposed by a civil or criminal court, which may not exceed $5,000 or a class B misdemeanor for the first violation and a class A misdemeanor for any subsequent similar violation within two years.

4. (4) A data supplier that violates Title R428 may be assessed an administrative civil money penalty for each day of non-compliance. Fines may be imposed as follows:

   1. (a) not to exceed the sum of $10,000 per violation;
   2. (b) each day of violation is a separate violation; and
   3. (c) deadlines established in separate sections of Title R428 are considered as separate provisions.

5. (5) The department may impose a fine on any data supplier that misses a deadline to submit data required in Title R428 as follows:

   1. (a) fine of $250 per violation shall be imposed until the data has been supplied as required;
   2. (b) fines shall increase to $500 per violation for each violation when any data supplier that is currently in violation misses another deadline; and

   3. (c) after 45 consecutive calendar days of violation, the department may adjust the per day penalty subject to the limits in Subsection (4)(a) considering the following aggravating and mitigating circumstances:

      1. (i) prior violation history and history of compliance;
      2. (ii) good faith efforts to prevent violations; and
      3. (iii) size and financial capability of the data supplier.
6. (6) The actions described in this section are designated as adjudicative proceedings. Adjudicative proceedings are governed by Rule R497-100.

KEY: health, health policy, health planning

Date of Last Change: January 27, 2025

Notice of Continuation: August 13, 2021

Authorizing, and Implemented or Interpreted Law: 26B-1-413