Health, Health Systems Improvement, Licensing

Section R432-14-6

Penalties

Notice of Proposed Rule

(Amendment)

DAR File No.: 33123
Filed: 11/02/2009 12:55:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change was reviewed by the Health Facilities Committee and approved. This committee has representation from a broad cross section of the entities affected by this rule. This rule change is proposed to amend two parts of the rule: 1) to change the civil money penalty limits in rule from a maximum of $5,000 to $10,000 per H.B. 32 (2009); and 2) to remove old rule language pertaining to the Bureaus of Licensing and Certification as two separate bureaus. These bureaus were combined in 2004. (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21
• Title 26, Chapter 23

Anticipated cost or savings to:

the state budget:

Civil money penalties are issued to providers who are not in compliance with state rules.

local governments:

No birthing centers are a part of the government system therefore this change will not affect the local government.

small businesses:

In the state fiscal year 2009, no small businesses were assessed a civil money penalty for violation of Section R432-14-6. It is possible but not likely, with this rule change that a small business could be assessed a $10,000 civil money penalty.

persons other than small businesses, businesses, or local governmental entities:

In the state fiscal year 2009, no businesses were assessed a civil money penalty for violation of Section R432-14-6. It is possible but not likely, with this rule change that a business could be assessed a $10,000 civil money penalty.

Compliance costs for affected persons:

In the state fiscal year 2009, no businesses were assessed a civil money penalty for violation of Section R432-14-6. It is possible but not likely, with this rule change that a business could be assessed a $10,000 civil money penalty.

Comments by the department head on the fiscal impact the rule may have on businesses:

Civil money penalties are an important tool to encourage voluntary compliance with licensing standards. Due process protections are in place. The overall fiscal impact is small and may be avoided by following licensing requirements.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

David Sundwall, Executive Director

R432. Health, Health Systems Improvement, Licensing.

R432-14. Birthing Center Construction Rule.

R432-14-6. Penalties.

The Department may assess a civil money penalty of up to $[5,000]10,000 and deny approval for patient utilization of new or remodeled areas denied if a health care provider does not submit architectural drawings to the Bureau of Licensing. The Department may assess a civil money penalty of up to $[5,000]10,000 if the licensee fails to follow Department-approved architectural plans. The Department may assess a civil money penalty of up to $[500]1,000 per day for each day a new or renovated area is occupied prior to [Bureau of Licensing]licensing agency approval.

 

KEY: health facilities

Date of Enactment or Last Substantive Amendment: [March 13, 2003]2009

Notice of Continuation: January 28, 2005

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-16