(a) Reporting of data on the online survey form for the Annual Survey of Hospitals (ASH).
  (1) If a hospital does not submit the completed online survey form to the Department of State Health Services (department) within the 60-day reporting period and in accordance with §13.15 of this title (relating to Survey Forms and Methods of Reporting Data), the department may institute the following procedures.
    (A) The department will notify the entity in writing by certified mail, return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 104. The written notification will also state that the commissioner may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital fails to submit the requested data to the department within 30 days of the date the entity received the notification letter.
    (B) If the department does not receive the requested data from the non-responding hospital within the specified time frame, the commissioner may notify the attorney general in writing of the entity's noncompliance. The department will send a copy of the written notification to the hospital.
  (2) A hospital that does not timely submit requested data to the department according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $500 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 104.
(b) Report of the Community Benefit Plan (CBP) and the online Annual Statement of Community Benefits Standard (ASCBS).
  (1) A nonprofit hospital or hospital system that does not timely submit a CBP report to the Department of State Health Services (department) according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $1,000 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 311.
  (2) If a nonprofit hospital or hospital system does not submit a CBP report to the department within the reporting period established in §13.17 of this title (relating to Duties of Nonprofit Hospitals under Health and Safety Code, Chapter 311), the department may institute the following procedures.
    (A) The department will notify the entity in writing by certified mail, return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 311. The written notification will also state that the commissioner may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital or hospital system fails to submit the report to the department within ten days after receipt of the written notification letter.
    (B) If the department does not receive the CBP report from the non-responding hospital or hospital system within the specified time frame, the commissioner may notify the attorney general in writing of the entity's noncompliance. The department will send a copy of the written notification to the hospital or hospital system.

Source Note: The provisions of this §13.18 adopted to be effective February 23, 1994, 19 TexReg 921; amended to be effective February 28, 1996, 21 TexReg 1282; amended to be effective May 10, 1998, 23 TexReg 4269; amended to be effective February 8, 2001, 26 TexReg 1141; amended to be effective December 4, 2007, 32 TexReg 8827