West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment
Section 69-12-31 - Penalties and Equitable Relief
Universal Citation: 69 WV Code of State Rules 69-12-31
Current through Register Vol. XLI, No. 38, September 20, 2024
31.1. Grounds for Penalties and Injunctions.
31.1.1. Any person, partnership, association,
or corporation which establishes, conducts, manages, or operates an OBMAT
program without first obtaining a registration therefore or which violates any
provisions of this law or rule shall be assessed a civil money penalty by the
Secretary in accordance with this rule.
31.1.2. Each day of continuing violation
after notification of the infraction shall be considered a separate
violation.
31.1.3. If the OBMAT
program fails to timely file reports required by section 13 of tis rule, the
Secretary may impose a civil monetary penalty not to exceed $1,000 per
day.
31.1.4. If the OBMAT program's
owner or owners, medical director, and administrator knowingly and
intentionally misrepresents actions taken to correct a violation, the Secretary
may impose a civil money penalty not to exceed $10,000 and revoke or deny the
OBMAT program's registration.
31.1.5. If an owner or owners or medical
director of an OBMAT program concurrently operates an unregistered OBMAT
program, the Secretary may impose a civil money penalty upon the owner or
owners or medical director, or both, not to exceed $5,000 per day.
31.1.6. If the owner of an OBMAT program that
requires a registration under this article fails to apply for a new
registration for the program upon a change of ownership and operates the
program under the new ownership, the Secretary may impose a civil money penalty
not to exceed $5,000.
31.1.7. If a
program physician knowingly operates, owns or manages an unregistered OBMAT
program that is required to be registered pursuant to this article; knowingly
prescribes or dispenses or causes to be prescribed or dispensed, controlled
substances in an unregistered OBMAT program that is required to be registered;
or obtains a registration to operate an OBMAT program through misrepresentation
or fraud; procures or attempts to procure a registration for an OBMAT program
for any other person by making or causing to be made any false representation,
the Secretary may assess a civil money penalty of not more than $20,000. The
penalty may be in addition to or in lieu of any other action that may be taken
by the Secretary or any other board, court or entity.
31.2. The Secretary may deny an OBMAT program's application for registration or application for renewal registration; revoke or suspend a registration; order an admissions ban or reduction in patient census for one or more of the following reasons:
31.2.1. The Secretary makes a determination
that fraud or other illegal action has been committed;
31.2.2. The program has violated federal,
state, or local law relating to building, health, fire protection, safety,
sanitation, or zoning;
31.2.3. The
program conducts practices that jeopardize the health, safety, welfare, or
clinical treatment of a patient;
31.2.4. The program has failed or refused to
submit reports, comply with the documentation requirements of this rule, or
make records available as requested by the Secretary or his or her designee;
or
31.2.5. A program has refused to
provide access to its location or records as requested by the Secretary, or his
or her designee.
31.3. Notwithstanding the existence or pursuit of any other remedy, the Secretary may, in the manner provided by law, maintain an action in the name of the State for an injunction against any person, partnership, association or corporation to restrain or prevent the establishment, conduct, management, or operation of any OBMAT program or violation of any provisions of this rule without first obtaining a registration therefore in the manner hereinbefore provided.
31.3.1. The Secretary may also seek
injunctive relief if the establishment, conduct, management, or operation of
any OBMAT program, whether registered or not, jeopardizes the health, safety,
or welfare of any or all of its patients.
31.3.2. In determining whether a penalty is
to be imposed and in fixing the amount of the penalty, the Secretary shall
consider the following factors:
31.3.2.a. The
gravity of the violation, including the probability that death or serious
physical or emotional harm to a patient has resulted, or could have resulted,
from the OBMAT program's actions or the actions of the medical director or any
treating physician employed by or associated with the program, the severity of
the action or potential harm, and the extent to which the provisions of the
applicable laws or rules were violated.
31.3.2.b. What actions, if any, the medical
director or treating physician took to correct the violations;
31.3.2.c. Whether there were any previous
violations at the OBMAT program; and
31.3.2.d. The financial benefits that the
OBMAT program derived from committing or continuing to commit the
violation.
31.4. Upon finding that a physician has violated the provisions of this rule, the Secretary shall provide notice of the violation to the applicable professional licensing board.
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