59B-9.036. Penalties for Ambulatory Patient Data Reporting and Deficiencies

(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 facilities or audit a random sample of facilities. The Agency will notify each facility of any possible errors discovered by audit and request that the facility 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.

(2) An ambulatory center 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 Section 408.08(2), F.S., other Florida Law, or a rule adopted there under, shall be subject to administrative fines pursuant to Section 408.813, F.S. Failure to comply with reporting requirements will also result in the referral of a facility to the Agency’s Bureau of Health Facility Regulation.

(3) Notifications will be sent to reporting facilities who do not submit their data file by the initial due date as specified in Rule 59B-9.033, F.A.C.

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

(5) Any ambulatory center which is delinquent for a reporting deficiency other than submission of a false report 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 or subsequent violations. Following four consecutive non-delinquent quarters, the fine violation matrix will reset to the first violation rate. Violations 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which necessitate the issuance of an administrative complaint by the Agency unless the administrative complaint is withdrawn or final order dismissing the administrative complaint is entered. All fines are to be fixed, imposed and collected by the Agency. Any ambulatory center which files a false report with the Agency or provides false information to the Agency shall be subject to a fine not exceeding $1,000.00 per day per violation, in addition to any other fine imposed hereunder, pursuant to Section 408.813, F.S.

Rulemaking Authority 408.15(8), 408.813 FS. Law Implemented 408.08, 408.061,408.813 FS. History–New 1-1-10, Formerly 59B-9.022, 59B-9.016, Amended 1-1-18.