68-11-826 - Recovery or collection of civil monetary penalties.
68-11-826. Recovery or collection of civil monetary penalties.
(a) Any civil monetary penalties for which a nursing home or individual is liable under the provisions of §§ 68-11-213, and 68-11-801 68-11-805 shall be recovered, collected, deposited and expended under the provisions of this section and §§ 68-11-827 and 68-11-829.
(b) No action to recover or collect such amounts shall be taken until:
(1) The nursing home has waived its rights to a contested case hearing pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3;
(2) The time allowed the nursing home to demand a contested case hearing, pursuant to § 68-11-816, has expired without a demand being made or a denial filed; or
(3) A final administrative order has been entered pursuant to § 4-5-314.
(c) If the amount due has not been received in full within sixty (60) days from the occurrence of any one (1) of the events specified in subsection (b), the commissioner shall immediately proceed to recover such amount, plus interest computed at the applicable formula rate defined by § 47-14-102 retroactive to the earliest date of occurrence of any event specified in subsection (b), by one (1) or more of the following means:
(1) Directing the reduction of the amount owed from any balance otherwise due from the state to the facility and directing a remittance of the amount to the department of health;
(2) Adding such amounts to the facility's licensing fee, the renewal of the facility's license pursuant to §§ 68-11-206(a)(8) and 68-11-216 to be contingent upon the prior payment of such costs; or
(3) Bringing an action in the circuit or chancery court to recover such amounts.
[Acts 1987, ch. 312, § 3; 1989, ch. 512, § 4; 1999, ch. 512, § 4.]