(1) The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for:

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(a) Any reporting entity that fails to report as required by ORS § 442.373 or rules adopted by the authority.

(b) Any provider or payer that fails to report cost growth data or to develop and implement a performance improvement plan if required by ORS § 442.386 or rules adopted by the authority.

(2) Civil penalties under this section shall be imposed as provided in ORS § 183.745.

(3) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety.

(4) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer.

(5) Moneys collected from providers and payers described in subsection (1)(b) of this section shall be deposited in the Oregon Health Authority Fund established by ORS § 413.101 and used by the authority to support programs that expand access to health care and that support populations adversely affected by high health care costs. [2009 c.595 § 1202; 2015 c.318 § 39; 2015 c.845 § 2; 2021 c.51 § 6]

442.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.