(a) A hospital shall pay to the department a civil penalty of five cents ($.05) per patient discharge record for each day the discharge data required to be reported under this article is delinquent.
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Terms Used In Alabama Code 22-21-417

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) A discharge data report is delinquent if the department does not receive the report within 60 calendar days after the end of the quarter for which the discharge data is required to be reported.
(c) If the department receives a discharge data report in incomplete form, the department shall notify the hospital making the report and provide 15 additional calendar days to correct the error and submit complete discharge data as required under this article and the rules adopted by the department to implement this article. If the hospital fails to correct the error and submit complete discharge data within the 15 additional calendar days, the incomplete discharge data report shall be considered delinquent at the end of that 15-day period.
(d) The maximum civil penalty for a delinquent report is ten dollars ($10) for each patient discharge record. The department shall issue an assessment of the civil penalty to any hospital that has a pending delinquent report.
(e) The hospital has a right to an informal conference with the department if the hospital requests a conference within 30 calendar days of receipt of the civil penalty assessment. After the informal conference or, if no conference is requested, after the time for requesting the informal conference has expired, the department may proceed to collect any applicable civil penalty assessment.
(f) In its request for an informal conference, the hospital may request the department to waive the civil penalty assessment. The State Health Officer may waive the penalty in cases of an act of God or other acts beyond the control of the hospital, at the discretion of the State Health Officer, or for other reasons reasonably related to compliance with this article. Waiver of the penalty is in the sole discretion of the State Health Officer.
(g) The imposition of a civil penalty under this section may be appealed pursuant to the Alabama Administrative Procedure Act. All civil penalties collected pursuant to this section shall be remitted to the department and shall be deposited in the General Fund, and shall not be earmarked for the department. A hospital may not renew its license to operate if the hospital has any unpaid civil penalties that were levied more than 30 days before the hospital license expiration date, except for any civil penalties that are subject to appeal and except for penalties for which arrangements for payment have been made which are satisfactory to the department.
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