26 Tex. Admin. Code § 511.77 - Hospital Price Transparency Reporting and Enforcement
(a) A limited
services rural hospital (LSRH) shall comply with the disclosure and reporting
requirements of Texas Health and Safety Code (HSC) Chapter 327 (relating to
Disclosure of Prices) as described in this section.
(b) An LSRH shall make the information
required by HSC Chapter 327 available in a prominent location on the home page
of its publicly accessible website or accessible by selecting a dedicated link
that is prominently displayed on the home page of its publicly accessible
website. If the LSRH operates multiple locations and maintains a single
website, the homepage must contain a link to the list containing the links to
each location the LSRH operates in a manner that clearly associates the list
with the applicable location of the LSRH.
(c) Each time an LSRH updates a list as
required by HSC §327.003 and §327.004, it shall submit the updated
list to the Texas Health and Human Services Commission (HHSC) in the manner
specified by HHSC on its website.
(d) HHSC has jurisdiction to impose an
administrative penalty against a hospital licensed under this chapter for
violations of HSC Chapter 327 and this section. An administrative penalty
imposed under this section shall be in accordance with the provisions of HSC
§327.008.
(e) In determining
the amount of any penalty sought pursuant to HSC §327.008, HHSC shall
consider:
(1) previous violations by the
hospital's operator;
(2) the
seriousness of the violation;
(3)
the demonstrated good faith of the hospital's operator; and
(4) any other matters that justice may
require.
(f) For purposes
of calculating any penalty sought pursuant to HSC §327.008, the penalty
imposed by HHSC for an LSRH with one of the following total gross revenues, as
reported to the Centers for Medicare and Medicaid Services, in the year
preceding the year in which a penalty is imposed, may not exceed:
(1) $10 for each day the hospital violated
HSC Chapter 327, if the hospital's total gross revenue is less than
$10,000,000;
(2) $100 for each day
the hospital violated HSC Chapter 327, if the hospital's total gross revenue is
$10,000,000 or more and less than $100,000,000; and
(3) $1,000 for each day the hospital violated
HSC Chapter 327, if the hospital's total gross revenue is $100,000,000 or
more.
(g) Each day a
violation continues is considered a separate violation.
(1) The administrative penalties for each day
of a continuing violation cease on the date the violation is corrected. A
violation that is the subject of a penalty is presumed to continue on each
successive day until it is corrected. The date of correction alleged by the
hospital in its written plan of correction or corrective action plan will be
presumed to be the actual date of correction, unless HHSC later determines that
the correction was not made by that date or was not satisfactory.
(2) For continuing violations pursuant to HSC
Chapter 327, penalties are cumulative as demonstrated in Figure: 26 TAC §
511.77(g)(2)(B).
The penalty amount is multiplied by the number of days the violation continues.
The penalty amount for each day of the continuing violation is then added to
the running total of the previous day's penalties according to the formula in
subparagraph (A) of this paragraph.
(A)
Cumulative administrative penalty = [penalty for each day of violation +
(penalty for each day of violation x number of days of violation)]/2 x (number
of days of violation).
(B) The
cumulative amounts are not subject to the per day penalty cap in subsection (f)
of this section.
Notes
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