(1) Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS § 442.362 may be subject to a civil penalty.

(2) The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation.

(3) Civil penalties imposed under this section shall be imposed as provided in ORS § 183.745.

(4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety.

(5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [2009 c.595 § 1199; 2015 c.318 § 38]