957 CMR, § 7.07

Current through Register 1538, January 3, 2025
Section 7.07 - Penalties
(1) The Center may impose a fine of up to $500 on Providers that knowingly fail to file or that knowingly file falsified data.
(2) If a Provider has without justifiable cause refused to furnish the Center with information as required by 957 CMR 7.00, the Center may petition the Superior Court to issue an order directing all Governmental Units to withhold payment to the Provider until further order of the Court.
(3) The Center may refer delinquent Providers to EOHHS, with recommendations that EOHHS impose penalties, including:
(a) Reduction in delinquent Providers' rates;
(b) Removal of delinquent Providers from the list of eligible Providers; and
(c) Any other penalty authorized by M.G.L. c. 118E or applicable regulations.
(4) The Center may refer delinquent Providers or Providers that knowingly file falsified information to the appropriate licensing authority, which may seek suspension or revocation of the Providers' license.
(5) Before assessing a penalty, the Center shall notify the Provider that has failed to comply with the requirements of 957 CMR 7.00 that it has the right to request a hearing in accordance with M.G.L. c. 30A, § 10.
(6) 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 7.07(1).
(7) After the issuance of a final decision, except where any provision of law precludes judicial review, a Provider aggrieved by such final decision may seek judicial review thereof in accordance with M.G.L. c. 30A, § 14.

957 CMR, § 7.07

Adopted by Mass Register Issue 1264, eff. 7/4/2014.
Amended by Mass Register Issue 1537, eff. 12/20/2024.