Section 3.07 - Compliance and PenaltiesThe Center will provide written notice to Hospitals, Ambulatory Surgical Centers and Surcharge Payors that fail to comply with the reporting deadlines established in 957 CMR 3.00.
(1) The Center will notify Hospitals, Ambulatory Surgical Centers and Surcharge Payors that failure to respond within two weeks of the written notice, without just cause, may result in penalties. In accordance with M.G.L. c. 12C, § 11, Hospitals, Ambulatory Surgical Centers and Surcharge Payors may be subject to a penalty of up to $1,000 per week for each week that they fail to provide the required health care data and information, up to an annual maximum of $50,000.(2) Any remedy available under 957 CMR 3.07 is in addition to other sanctions and penalties that may apply under the provisions of other statutes and regulations.(3) Hospitals, Ambulatory Surgical Centers and Surcharge Payors that fail to comply with the requirements of 957 CMR 3.00 will be subject to all penalties and remedies allowed by law and the Center will take all necessary steps to enforce 957 CMR 3.07, including a petition to the Superior Court for an order enforcing the same.(4) Before assessing a penalty, the Center shall notify the Hospital, Ambulatory Surgical Center or Surcharge Payor that has failed to comply with the requirements of 957 CMR 3.00 that it has the right to request a hearing in accordance with M.G.L. c. 30A, § 10.(5) If a hearing is timely requested in writing, the Center, including through a Presiding Officer, will conduct the hearing in accordance with 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. After the hearing, the Center shall render a written decision and may assess a civil penalty pursuant to 957 CMR 3.07(1).(6) After the issuance of a final decision, except where any provision of law precludes judicial review, a Hospital, Ambulatory Surgical Center or Surcharge Payor aggrieved by such final decision may seek judicial review thereof in accordance with M.G.L. c. 30A, § 14.Adopted by Mass Register Issue 1368, eff. 6/29/2018.Amended by Mass Register Issue 1537, eff. 12/20/2024.