Utah Administrative Code
Topic - Health
Title R428 - Center for Health Data, Health Care Statistics
Rule R428-2 - Health Data Authority Standards for Health Data
Section R428-2-9 - Penalties
Current through Bulletin 2024-06, March 15, 2024
(1) The Office may apply civil penalties or subject violators to legal prosecution.
(2) Sections 26-23-6 and 26-33a-110 specify civil and criminal penalties for failure to comply with the requirements of Title R428 or Title 26, Chapter 33a, Utah Health Data Authority Act.
(3) Notwithstanding Subsection R428-2-9(2), any person or entity that violates Title R428 may be assessed an administrative civil money penalty not to exceed $3,000 upon an administrative finding of a first violation and up to $5,000 for a subsequent similar violation within two years. A person may also be subject to penalties imposed by a civil or criminal court, which may not exceed $5,000 or a class B misdemeanor for the first violation and a class A misdemeanor for any subsequent similar violation within two years.
(4) Notwithstanding Subsections R428-2-9(2) and R428-2-9(3), a data supplier that violates Title R428 may be assessed an administrative civil money penalty for each day of non-compliance. Fines may be imposed as follows:
(5) The Office may impose a fine on any data supplier that misses a deadline to submit data required in Title R428 as follows: