By: Kuempel H.B. No. 2919
A BILL TO BE ENTITLED
AN ACT
relating to Texas Cancer Registry data use fees and cost recovery
procedures and penalties for failure to furnish required data to
the Registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.008(f), Chapter 82, Health and Safety
Code, is amended to read as follows:
(f) A health care facility, clinical laboratory, or health
care practitioner that knowingly or in bad faith fails to furnish
data as required by this chapter shall reimburse the department or
its authorized representative for the costs of accessing and
reporting the data. The costs reimbursed under this subsection
must be reasonable, based on the actual costs incurred by the
department or by its authorized representative in the collection of
data under Subsection (d), and may include salary and travel
expenses. The department may assess a late fee on an account that
is 60 days or more overdue. The late fee may not exceed one and
one-half percent of the total amount due on the late account for
each month or portion of a month the account is not paid in full. A
health care facility, clinical laboratory, or health care
practitioner may request that the department conduct a hearing to
determine whether reimbursement to the department under this
subsection is appropriate. In addition to this cost recovery and
late fee, the department may pursue penalties under Sections
82.21-82.29 of this Chapter.
SECTION 2. Amend Chapter 82, Health and Safety Code, by
adding new Sections 82.21-82.29 to read as follows:
Sec. 82.21. IMPOSITION OF ADMINISTRATIVE PENALTY. After 60
days of violation of this Chapter, the department may impose an
administrative penalty on a person, other than a health care
practitioner, who violates this chapter or a rule adopted or order
issued under this chapter.
Sec. 82.22. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $1,000 a day for each
violation. Each day a violation continues may be considered a
separate violation for purposes of imposing a penalty.
(b) In determining the amount of the penalty, the department
shall consider:
(1) the seriousness of the violation;
(2) the person's history of previous violations; and
(3) any other matter that justice may require.
Sec. 82.23. OPPORTUNITY FOR HEARING; ORDER. (a) The
department may impose an administrative penalty under this
subchapter only after the person charged with a violation is given
the opportunity for a hearing.
(b) If a hearing is held, the department shall make findings
of fact and issue a written decision as to:
(1) the occurrence of the violation; and
(2) the amount of any penalty that is warranted.
(c) If the person charged with a violation fails to exercise
the opportunity for a hearing, the department, after determining
that a violation occurred and the amount of the penalty that is
warranted, may impose a penalty and shall issue an order requiring
the person to pay any penalty imposed.
(d) Not later than the 30th day after the date an order is
issued after determining that a violation occurred, the department
shall inform the person charged with the violation of the amount of
any penalty imposed.
(e) The department may consolidate a hearing under this
section with another proceeding.
Sec. 82.24. OPTIONS FOLLOWING DECISION; PAY OR APPEAL. (a)
Not later than the 30th day after the date the department's decision
or order becomes final as provided by Section 2001.144, Government
Code, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
fact of the violation, the amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under
Subsection (a)(2) may stay enforcement of the penalty by:
(1) paying the penalty to the department for placement
in an escrow account; or
(2) giving the department a bond in a form approved by
the department that:
(A) is for the amount of the penalty; and
(B) is effective until judicial review of the
department's decision or order is final.
Sec. 82.25. COLLECTION OF PENALTY. At the request of the
department, the attorney general may bring a civil action to
recover an administrative penalty imposed under this subchapter.
Sec. 82.26. JUDICIAL REVIEW. Judicial review of a decision
or order of the department imposing a penalty under this subchapter
is instituted by filing a petition with a district court in Travis
County and is under the substantial evidence rule as provided by
Subchapter G, Chapter 2001, Government Code.
Sec. 82.27. REMITTANCE OF PENALTY AND INTEREST OR RELEASE
OF BOND. If after judicial review the administrative penalty is
reduced or is not upheld by the court, the department shall:
(1) remit the appropriate amount, plus accrued
interest, to the person not later than the 30th day after the date
of the determination, if the person paid the penalty; or
(2) execute a release of the bond, if the person gave a
bond.
Sec. 82.28. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
department may request the attorney general or the district,
county, or city attorney having jurisdiction to bring a civil suit
for injunctive relief, the assessment and recovery of a civil
penalty, or both, against a person who appears to have violated, is
violating, or is threatening to violate this chapter or a rule
adopted or order issued under this chapter; or
(b) A civil penalty may not exceed $1,000 a day for each
violation. Each day a violation occurs or continues to occur is a
separate violation for purposes of imposing a penalty.
(c) In determining the amount of a civil penalty, the court
shall consider:
(1) the seriousness of the violation;
(2) the person's history of previous violations; and
(3) the demonstrated good faith of the person charged
with the violation.
(d) A civil penalty recovered in a suit instituted by the
attorney general under this chapter shall be deposited in the state
treasury.
Sec. 82.29. USE OF FUNDS. All cost reimbursements,
administrative penalties and civil penalties under Sections
82.21-82.28 shall be recovered in the name of the Department of
State Health Services and shall be dedicated to the cancer registry
free from all limitations on Full Time Equivalents (FTEs), capital
expenditures and travel expenses set forth in the General
Appropriations Act.
SECTION 3. Amend Chapter 82, Health and Safety Code by
adding new Section 82.012 to read as follows:
Sec. 82.012. FEES FOR DATA PRODUCTS. (a) The cancer
registry may impose reasonable fees for the provision of data
linkages and data requests other than standard publications
prepared for general distribution by the cancer registry.
(b) Fees under this Section shall be adopted by rule.
(c) All fees under this Section shall be collected in the
name of the Department of State Health Services and shall be
dedicated to the cancer registry free from all limitations on Full
Time Equivalents (FTEs), capital expenditures and travel expenses
set forth in the General Appropriations Act.
SECTION 4. This Act takes effect September 1, 2005.