26B-2-112.  Violations — Penalties.

(1)  As used in this section, “health care provider” means a person licensed to provide health care services under this part.

Terms Used In Utah Code 26B-2-112

  • Child: means an individual under 18 years old. See Utah Code 26B-2-101
  • Congregate care program: means any of the following that provide services to a child:
(i) an outdoor youth program;
(ii) a residential support program;
(iii) a residential treatment program; or
(iv) a therapeutic school. See Utah Code 26B-2-101
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101
  • Human services program: means :
    (i) a foster home;
    (ii) a therapeutic school;
    (iii) a youth program;
    (iv) an outdoor youth program;
    (v) a residential treatment program;
    (vi) a residential support program;
    (vii) a resource family home;
    (viii) a recovery residence; or
    (ix) a facility or program that provides:
    (A) adult day care;
    (B) day treatment;
    (C) outpatient treatment;
    (D) domestic violence treatment;
    (E) child-placing services;
    (F) social detoxification; or
    (G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  The office may deny, place conditions on, suspend, or revoke a human services license, if the office finds, related to the human services program:

    (a)  that there has been a failure to comply with the rules established under this part;

    (b)  evidence of aiding, abetting, or permitting the commission of any illegal act; or

    (c)  evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.

    (3)  The office may restrict or prohibit new admissions to a human services program, if it finds:

    (a)  that there has been a failure to comply with rules established under this part;

    (b)  evidence of aiding, abetting, or permitting the commission of any illegal act; or

    (c)  evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.

    (4) 

    (a)  The office may assess a fine of up to $500 per violation against a health care provider that violates Section 31A-26-313.

    (b)  The office shall waive the fine described in Subsection (4)(a) if:

    (i)  the health care provider demonstrates to the office that the health care provider mitigated and reversed any damage to the insured caused by the health care provider or third party’s violation; or

    (ii)  the insured does not pay the full amount due on the bill that is the subject of the violation, including any interest, fees, costs, and expenses, within 120 days after the day on which the health care provider or third party makes a report to a credit bureau or takes an action in violation of Section 31A-26-313.

    (5)  If a congregate care program knowingly fails to comply with the provisions of Section 26B-2-124, the office may impose a penalty on the congregate care program that is less than or equal to the cost of care incurred by the state for a private-placement child described in Subsection 26B-2-124(3).

    (6)  The office shall make rules for calculating the cost of care described in Subsection (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    Renumbered and Amended by Chapter 305, 2023 General Session