Or. Admin. Code § 411-069-0080 - Consequence of Failure to File a Report or Failure to Pay Assessment When Due
(1) A long term
care facility that fails to file a quarterly report or pay a quarterly
assessment when due under OAR
411-069-0040 is subject to a
penalty of $500 per day of delinquency. The penalty accrues from the date of
deficiency, notwithstanding the date of any notice under these rules.
(2) A long term care facility that is exempt
from paying provider assessments is not required to file a quarterly report,
but is required to file an annual cost or revenue report. Even if exempt, a
long term care facility that fails to file annual cost or revenue reports when
due under OAR 411-069-0040 is subject to a
penalty of up to $500 per day of delinquency. The penalty accrues from the date
of delinquency, notwithstanding the date of any notice under these
rules.
(3) A long term care
facility that fails to file an annual cost report or revenue report when due
under OAR 411-069-0040 is subject to a
penalty of up to $500 per day of delinquency. The penalty accrues from the date
of delinquency, notwithstanding the date of any notice under these
rules.
(4) A long term care
facility that files a cost report or annual revenue report, but fails to pay a
fiscal year reconciliation assessment payment when due under OAR
411-069-0040 is subject to a
penalty of up to $500 per day of delinquency. The penalty accrues from the date
of delinquency, notwithstanding the date of any notice under these
rules.
(5) Penalties imposed under
this section shall be collected by the Department and deposited in the
Department's account established under ORS
409.060.
(6) Penalties paid under this section are in
addition to the long term care facility assessment.
(7) If the Department determines that a
facility is subject to a penalty under this section, the Department shall issue
a notice of proposed action as described in OAR
411-069-0100.
(8) If a facility requests a contested case
hearing pursuant to OAR
411-069-0120, the Director, at
the Director's sole discretion, may waive or reduce the amount of penalty
assessed.
(9) If a facility fails
to report or pay the provider assessment after the Department issues a final
order described in OAR
411-069-0130, then the
Department shall pursue remedies described in OAR
411-069-0140 that may include:
(a) A final order leading to collection
activities;
(b) Nursing facility
license denial, suspension, or revocation;
(c) Admission restrictions; or
(d) Terminating provider
contracts.
Notes
Statutory/Other Authority: ORS 409.050, 410.070 & 411.060
Statutes/Other Implemented: OL 2003 Ch. 736 & ORS 409.750
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