Plain Text Law

Regulation .10 Withdrawal of Certification and Other Penalties.

Regulation .10 Withdrawal of Certification and Other Penalties.Copy Citation

A.
The Commission may withdraw certification from an MHCC-certified EHN if the Commission finds that:
(1)
The MHCC-certified EHN fails to meet the certification standards set forth in Regulation .05 of this chapter;
(2)
A principal or owner of the MHCC-certified EHN, or the entity itself, is convicted of, or pleads guilty or nolo contendere to, a crime related to the operation of the EHN or to a crime involving financial improprieties;
(3)
A principal or owner of the MHCC-certified EHN, or the entity itself, is notified by a qualified accreditation or certification organization or the Commission of a violation of HIPAA privacy or security standards and fails to take action to remedy the violation within the period of time specified by a qualified accreditation or certification organization or by the Commission;
(4)
The MHCC-certified EHN disclosed legally protected health information in violation of Health-General Article, §4-302.5, Annotated Code of Maryland; or
(5)
The MHCC-certified EHN fails to submit electronic health care transactions information to the State-designated HIE in accordance with Regulation .09 of this chapter.
B.
Beginning June 1, 2024, a person who knowingly violates Health-General Article, §4-302.5, Annotated Code of Maryland, shall be guilty of a misdemeanor and on conviction is subject to a fine not to exceed $10,000 per day based on:
(1)
The extent of actual or potential public harm caused by the violation;
(2)
The cost of investigating the violation; and
(3)
The person’s prior record of compliance.
C.
A MHCC-certified EHN that fails to submit electronic health transactions information to the State-designated HIE in accordance with Regulation .09 of this chapter may be subject to a financial penalty not to exceed $10,000 per day based on:
(1)
The extent of actual or potential public harm caused by the violation;
(2)
The cost of investigating the violation; and
(3)
Whether the MHCC-certified EHN committed previous violations.