(a) The department may impose a civil penalty on a facility if a facility fails to:

(i) Respond to the department's notice to submit a corrective action plan within the timeframe specified by federal rules and regulations; or

(ii) Comply with the requirements of a corrective action plan submitted to the department within the timeframe specified by federal rules and regulations.

(b) A civil penalty imposed under subsection (a) of this section shall be:

(i) For facilities categorized as critical access hospitals:

(A) For a first offense within any twelve (12) month period, one hundred dollars ($100.00) per day for each day the department imposes a civil penalty under subsection (a) of this section;

(B) For a second offense within any twelve (12) month period, five hundred dollars ($500.00) per day for each day the department imposes a civil penalty under subsection (a) of this section;

(C) For a third or subsequent offense within any twelve (12) month period, one thousand dollars ($1,000.00) per

day for each day the department imposes a civil penalty under subsection (a) of this section.

(ii) For hospitals with prospective payment systems, one thousand dollars ($1,000.00) per day for each day within any twelve (12) month period the department imposes a civil penalty under subsection (a) of this section.