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  • Summary date: Feb 25 2021 - View Summary

    Enacts GS 90-414.4(b1) requiring the Health Information Network (HIE) Authority to assess a civil penalty not exceeding $10 per claim to any provider or entity that fails to connect to the HIE Network and submit required data through the HIE Network as mandated in existing subsection (b) of the statute. Requires remittance to the Civil Penalty and Forfeiture Fund. Requires the provider or entity to take one of four actions within 30 days of the assessment, including payment of the penalty in full, executing a participation agreement, requesting an exemption or hardship extension, or filing a contested case petition, as specified. Enacts subsection (b2), subjecting assessment proceedings to the Administrative Procedure Act, GS Chapter 150B. Authorizes the HIE Authority to bring an action to recover the penalty if no action is taken by the provider or entity within 30 days' notice of the penalty or 30 days following affirmation of the penalty. Specifies that such an action does not relieve a party from other penalties prescribed by law.

    Amends GS 90-414.7, adding the authority to assess civil penalties as provided in GS 90-414.4(b1), as enacted, to the powers of the HIE Authority. 

    Applies to violations of GS 90-414.4(b) occurring on or after October 1, 2021.