957 CMR, § 7.07 - Penalties
(1) The Center may impose a fine of up to
$500 on Providers that knowingly fail to file or that knowingly file falsified
data.
(2) If a Provider has without
justifiable cause refused to furnish the Center with information as required by
957 CMR 7.00, the Center may petition the Superior Court to issue an order
directing all Governmental Units to withhold payment to the Provider until
further order of the Court.
(3) The
Center may refer delinquent Providers to EOHHS , with recommendations that EOHHS
impose penalties, including:
(a) Reduction in
delinquent Providers' rates;
(b)
Removal of delinquent Providers from the list of eligible Providers;
and
(c) Any other penalty
authorized by M.G.L. c. 118E or applicable regulations.
(4) The Center may refer delinquent Providers
or Providers that knowingly file falsified information to the appropriate
licensing authority, which may seek suspension or revocation of the Providers'
license.
(5) Before assessing a
penalty, the Center shall notify the Provider that has failed to comply with
the requirements of 957 CMR 7.00 that it has the right to request a hearing in
accordance with M.G.L. c. 30A, § 10.
(6) If a hearing is timely requested in
writing, the Center , including through a Presiding Officer , will conduct the
hearing in accordance with 801 CMR 1.00: Standard Adjudicatory Rules of
Practice and Procedure. After the hearing, the Center shall render a
written decision and may assess a civil penalty pursuant to 957 CMR
7.07(1).
(7) After the issuance of
a final decision, except where any provision of law precludes judicial review,
a Provider aggrieved by such final decision may seek judicial review thereof in
accordance with M.G.L. c. 30A, § 14.
Notes
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