There Is a Newer Version
of
this Section
2023 Utah Code
Title 26B - Utah Health and Human Services Code
Chapter 2 - Licensing and Certifications
Part 1 - Human Services Programs and Facilities
Section 112 - Violations -- Penalties.
Universal Citation:
UT Code § 26B-2-112 (2023)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 5/3/2023
26B-2-112. Violations -- Penalties.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-2-112. Violations -- Penalties.
- (1) As used in this section, "health care provider" means a person licensed to provide health care services under this part.
- (2) The office may deny, place conditions on, suspend, or revoke a human services license, if the office finds, related to the human services program:
- (a) that there has been a failure to comply with the rules established under this part;
- (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
- (c) evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.
- (3) The office may restrict or prohibit new admissions to a human services program, if it finds:
- (a) that there has been a failure to comply with rules established under this part;
- (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
- (c) evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.
- (4)
- (a) The office may assess a fine of up to $500 per violation against a health care provider that violates Section 31A-26-313.
- (b) The office shall waive the fine described in Subsection (4)(a) if:
- (i) the health care provider demonstrates to the office that the health care provider mitigated and reversed any damage to the insured caused by the health care provider or third party's violation; or
- (ii) the insured does not pay the full amount due on the bill that is the subject of the violation, including any interest, fees, costs, and expenses, within 120 days after the day on which the health care provider or third party makes a report to a credit bureau or takes an action in violation of Section 31A-26-313.
- (5) If a congregate care program knowingly fails to comply with the provisions of Section 26B-2-124, the office may impose a penalty on the congregate care program that is less than or equal to the cost of care incurred by the state for a private-placement child described in Subsection 26B-2-124(3).
- (6) The office shall make rules for calculating the cost of care described in Subsection (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 305, 2023 General Session
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