25 Tex. Admin. Code § 13.18 - Noncompliance with Reporting Requirements
(a)
Reporting of data on the online survey form for the Annual Survey of Hospitals
(ASH).
(1) If a hospital does not submit the
completed online survey form to the Department of State Health Services
(department) within the 60-day reporting period and in accordance with §
13.15 of this title (relating to
Survey Forms and Methods of Reporting Data), the department may institute the
following procedures.
(A) The department will
notify the entity in writing by certified mail, return receipt requested, that
the entity is in noncompliance with department reporting requirements and may
be in violation of the Health and Safety Code, Chapter 104. The written
notification will also state that the commissioner may request that the
attorney general institute and conduct a suit in the name of the state to
recover civil penalties if the hospital fails to submit the requested data to
the department within 30 days of the date the entity received the notification
letter.
(B) If the department does
not receive the requested data from the non-responding hospital within the
specified time frame, the commissioner may notify the attorney general in
writing of the entity's noncompliance. The department will send a copy of the
written notification to the hospital.
(2) A hospital that does not timely submit
requested data to the department according to the requirements and procedures
established in these sections is subject to a civil penalty of not more than
$500 for each day of noncompliance, under the provisions of Health and Safety
Code, Chapter 104.
(b)
Report of the Community Benefit Plan (CBP) and the online Annual Statement of
Community Benefits Standard (ASCBS).
(1) A
nonprofit hospital or hospital system that does not timely submit a CBP report
to the Department of State Health Services (department) according to the
requirements and procedures established in these sections is subject to a civil
penalty of not more than $1,000 for each day of noncompliance, under the
provisions of Health and Safety Code, Chapter 311.
(2) If a nonprofit hospital or hospital
system does not submit a CBP report to the department within the reporting
period established in §
13.17 of this title (relating to
Duties of Nonprofit Hospitals under Health and Safety Code, Chapter 311), the
department may institute the following procedures.
(A) The department will notify the entity in
writing by certified mail, return receipt requested, that the entity is in
noncompliance with department reporting requirements and may be in violation of
the Health and Safety Code, Chapter 311. The written notification will also
state that the commissioner may request that the attorney general institute and
conduct a suit in the name of the state to recover civil penalties if the
hospital or hospital system fails to submit the report to the department within
ten days after receipt of the written notification letter.
(B) If the department does not receive the
CBP report from the non-responding hospital or hospital system within the
specified time frame, the commissioner may notify the attorney general in
writing of the entity's noncompliance. The department will send a copy of the
written notification to the hospital or hospital system.
Notes
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