Health, Health Systems Improvement, Licensing

Section R432-35-8

Penalties

Notice of Proposed Rule

(Amendment)

DAR File No.: 33136
Filed: 11/02/2009 08:57:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is made in accordance with changes from H.B. 32 (2009), which increased civil money penalty limits from $5,000 to $10,000. (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 wording in the background screening rule is amended to include the appropriate citation to Title 26, Chapter 23 Utah Health Code Enforcement Provisions, and also to increase the limits for civil money penalties per H.B. 32 (2009).

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

This rule change will have no effect on state budgets. The civil money penalty funds are not usable as general budget funds.

local governments:

Since no local governments are required to comply with the Bureau of Criminal Identification (BCI) rule, there is no cost or savings to any local governments.

small businesses:

This rule change may increase civil money penalties for small businesses that are licensed as health facilities, and receive sanctions regarding failure to comply with background screening rules. There were no money penalties issued for background screening non-compliance in FY 2009. No civil money penalties are estimated for FY 2010.

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

This rule change may increase civil money penalties for other businesses that are licensed as health facilities, and receive sanctions regarding failure to comply with background screening rules. There were no money penalties issued for background screening non-compliance in FY 2009. No civil money penalties are estimated for FY 2010.

Compliance costs for affected persons:

There are no compliance costs for the Department. However, this change to the civil money penalty limits may increase compliance costs to providers who are severely out of compliance with state rules regarding criminal background screening. No penalties were collected in FY 2009 from licensed health providers regarding background screening. No civil money penalties are estimated for FY 2010.

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.

R432-35. Background Screening.

R432-35-8. Penalties.

The department may impose civil monetary penalties in accordance with Title [63, Chapter 46b, Administrative Procedures Act] 26, Chapter 23, Utah Health Code Enforcement Provisions and Penalties, if there has been a failure to comply with the provisions of this chapter, or rules promulgated pursuant to this chapter, as follows:

(1) if significant problems exist that are likely to lead to the harm of an individual resident, the department may impose a civil penalty of $50 to $1,000 per day; and

(2) if significant problems exist that result in actual harm to a resident, the department may impose a civil penalty of $1,050 to [$5,000]$10,000 per day.

 

KEY: health care facilities

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

Notice of Continuation: May 27, 2008

Authorizing, and Implemented or Interpreted Law: 26-21-9.5