Fla. Admin. Code Ann. R. 59B-9.036 - Penalties for Ambulatory Patient Data Reporting and Deficiencies
(1) For purposes of this rule chapter, a
report or other information is "incomplete" when it does not contain all data
required by the Agency in this rule, and in forms incorporated by reference, or
when it contains inaccurate data. The Agency shall to the extent practical,
apply the same audit standards and use the same audit procedures for all
facilities or audit a random sample of facilities. The Agency will notify each
facility of any possible errors discovered by audit and request that the
facility either correct the data or verify that the data is complete and
correct. A report or other information is "false" if done or made with the
knowledge of the preparer or an administrator that it contains information or
data which is not true or accurate.
(2) An ambulatory center which refuses to
file, fails to timely file or files false or incomplete reports or other
information required to be filed under the provisions of Section
408.08(2),
F.S., other Florida Law, or a rule adopted there under, shall be subject to
administrative fines pursuant to Section
408.813, F.S. Failure to comply
with reporting requirements will also result in the referral of a facility to
the Agency's Bureau of Health Facility Regulation.
(3) Notifications will be sent to reporting
facilities who do not submit their data file by the initial due date as
specified in Rule 59B-9.033, F.A.C.
(4) The penalty period will begin on the
first calendar day following the certification due date for purposes of penalty
assessments.
(5) Any ambulatory
center which is delinquent for a reporting deficiency other than submission of
a false report shall be subject to a fine of $100.00 per day of violation for
the first violation, $350.00 per day of violation for the second violation, and
$1, 000.00 per day of violation for the third or subsequent violations.
Following four consecutive non-delinquent quarters, the fine violation matrix
will reset to the first violation rate. Violations will be considered those
activities which necessitate the issuance of an administrative complaint by the
Agency unless the administrative complaint is withdrawn or final order
dismissing the administrative complaint is entered. All fines are to be fixed,
imposed and collected by the Agency. Any ambulatory center which files a false
report with the Agency or provides false information to the Agency shall be
subject to a fine not exceeding $1, 000.00 per day per violation, in addition
to any other fine imposed hereunder, pursuant to Section
408.813,
F.S.
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