Washington Administrative Code
Title 182 - Health Care Authority
PRESCRIPTION DRUG PROGRAMS
Chapter 182-52 - Prescription drug affordability board
Section 182-52-0070 - Prescription drug affordability board-Amount of fine(s) based on culpability
Universal Citation: WA Admin Code 182-52-0070
Current through Register Vol. 24-24, December 15, 2024
(1) In determining the amount of any fine, the authority considers the level of culpability associated with the violation. The levels of culpability, in the order of least severe to most severe, are as follows:
(a)
Did not know. The manufacturer did not know (and, by exercising
reasonable diligence, could not have known) the violation had
occurred.
(b)
Reasonable
cause. The manufacturer knew, or by exercising reasonable diligence
should have known, that the violation had taken place, but the manufacturer did
not act with willful neglect.
(c)
Willful neglect - Corrected. The violation was due to the
manufacturer's intentional failure or reckless indifference, and the violation
was corrected within 30 calendar days from the date the manufacturer knew or
with reasonable diligence should have known of the violation.
(d)
Willful neglect -
Uncorrected. The violation was due to the manufacturer's intentional
failure or reckless indifference, and the violation was not corrected within 30
calendar days from the date the manufacturer knew or with reasonable diligence
should have known of the violation.
(2) Culpability and fines.
|
Culpability Category |
Fines Per Violation |
|
Did not know |
$25,000 |
|
Reasonable cause |
$50,000 |
|
Willful neglect - Corrected |
$75,000 |
|
Willful neglect - Uncorrected |
$100,000 |
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