Vermont § 1918 - Enforcement

§ 1918. Enforcement

• (a) If the Commissioner determines that a hospital has failed to comply with any of the
  provisions of this chapter, the Commissioner may sanction the hospital as provided
  in this title. In evaluating compliance, the Commissioner shall place primary emphasis
  on assuring good faith compliance and effective corrective action by the facility,
  reserving punitive enforcement or disciplinary action for those cases in which the
  facility has displayed recklessness, gross negligence, or willful misconduct or in
  which there is evidence, based on other similar cases known to the Department, the
  Agency of Human Services, or the Office of the Attorney General, of a pattern of significant
  substandard performance that has the potential for or has actually resulted in harm
  to patients. (b) After notice and an opportunity for hearing, the Commissioner may impose on a hospital
  that knowingly violates a provision of this chapter or a rule or order adopted pursuant
  to this chapter a civil administrative penalty of not more than $10,000.00 or, in
  the case of a continuing violation, a civil administrative penalty of not more than
  $100,000.00 or one-tenth of one percent of the gross annual revenues of the health
  care facility, whichever is greater. A hospital aggrieved by a decision of the Commissioner
  under this section may appeal the Commissioner’s decision pursuant to section 128 of this title. (Added 2005, No. 215 (Adj. Sess.), § 324.)