59E-7.026. Penalties for Hospital Inpatient Discharge Data Reporting Discrepancies.  

Effective on Monday, January 1, 2018
  • 1(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 hospitals or audit a random sample of hospitals. The Agency will notify each hospital of any possible errors discovered by audit and request that the hospital 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.

    132(2) A hospital 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 160Section 161408.08(2), 162F.S., 163other Florida Law, or a rule adopted thereunder, shall be subject to administrative fines pursuant to Section 180408.813, F.S. 182Failure to comply with reporting requirements will also result in the referral of a hospital to the Agency’s Bureau of Health Facility Regulation.

    205(3) Notifications will be sent to reporting facilities who do not submit their data file by the initial due date as specified in Rule 22959E-7.023, 230F.A.C.

    231(4) The penalty period will begin on the first 240calendar day following the certification 245due date for purposes of penalty assessments.

    252(5) A254ny 255hospital which is delinquent for a certification deadline as specified in Rule 26759E-7.023, 268F.A.C., 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 and all subsequent violations. 308Following four consecutive non-delinquent quarters, the fine violation matrix will reset to the first violation rate. 324Violations 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which necessitate the issuance of an administrative complaint by the Agency unless the administrative complaint is withdrawn or final order dismissing the administrative complaint is entered. Any hospital which files false information to the Agency shall be subject to a fine 371not exceeding $1,000.00 per day per violation, 379in addition to any other fine imposed hereunder.

    387Rulemaking Authority 389408.061(1)(e), 390408.15(8), 391408.813 392FS. Law Implemented 395408.08(2), 396(3), (5), 398408.813 399FS. History–New 1-10-10, F403ormerly 40459E-7.013, 405Amended 1-1-18.