§ 23-17.13-4 - Penalties and enforcement.
SECTION 23-17.13-4
§ 23-17.13-4 Penalties and enforcement.– (a) The director of the department of health may, in lieu of the suspension orrevocation of a license, levy an administrative penalty in an amount not lessthan five hundred dollars ($500) nor more than fifty thousand dollars($50,000), if reasonable notice, in writing, is given of the intent to levy thepenalty and the particular health organization has a reasonable time in whichto remedy the defect in its operations which gave rise to the penalty citation.The director of health may augment this penalty by an amount equal to the sumthat the director calculates to be the damages suffered by enrollees or othermembers of the public.
(b) Any person who knowingly and willfully violates thischapter shall be guilty of a misdemeanor and may be punished by a fine not toexceed five hundred dollars ($500) or by imprisonment for a period notexceeding one year, or both.
(c) If the director of health shall for any reason have causeto believe that any violation of this chapter has occurred or is threatened,the director of health may give notice to the particular health organizationand to their representatives, or other persons who appear to be involved in thesuspected violation, to arrange a conference with the alleged violators ortheir authorized representatives for the purpose of attempting to ascertain thefacts relating to the suspected violation, and, in the event it appears thatany violation has occurred or is threatened, to arrive at an adequate andeffective means of correcting or preventing the violation;
(2) Proceedings under this subsection shall be governed bychapter 35 of title 42.
(d) The director of health may issue an order directing aparticular health organization or a representative of that health organizationto cease and desist from engaging in any act or practice in violation of theprovisions of this chapter;
(2) Within thirty (30) days after service of the order tocease and desist, the respondent may request a hearing on the question ofwhether acts or practices in violation of this chapter have occurred. Thosehearings shall be conducted pursuant to §§ 42-35-9 through 42-35-13,and judicial review shall be available as provided by §§ 42-35-15 and42-35-16.
(e) In the case of any violation of the provisions of thischapter, if the director of health elects not to issue a cease and desistorder, or in the event of noncompliance with a cease and desist order issuedpursuant to subsection (d), the director of health may institute a proceedingto obtain injunctive relief, or seeking other appropriate relief, in thesuperior court for the county of Providence.