§ 23-17.10-6 - Determination of administrative penalty. - Rhode Island Statutes

SECTION 23-17.10-6

   § 23-17.10-6  Determination ofadministrative penalty. – In determining the amount of each administrative penalty, the director shallinclude, but not be limited to, the following to the extent practicable in hisor her considerations:

   (1) The actual and potential impact on health, safety, andwelfare of the public or any member of the public of the failure to comply;

   (2) The actual and potential damages suffered, and actual orpotential costs incurred, by the director, or by any other person;

   (3) Whether the person being assessed the administrativepenalty took steps to prevent noncompliance, to promptly come into compliance,and to remedy and mitigate whatever harm might have been done as a result ofthe noncompliance;

   (4) Whether the person being assessed the administrativepenalty has previously failed to comply with any:

   (i) Federal requirement for participation in the Medicare orMedicaid programs;

   (ii) Rule, regulation, order, license, or approval issued oradopted by the director;

   (iii) Law relating to skilled nursing or intermediate carefacilities; or

   (iv) Rule, regulation, or order regarding the management ofinfectious waste in health care facilities;

   (5) Making compliance less costly than noncompliance;

   (6) Deterring future noncompliance;

   (7) The amount necessary to eliminate the economic advantageof noncompliance including, but not limited to, the financial advantageacquired over competitors from the noncompliance;

   (8) Whether the failure to comply was intentional, willful,or knowing and not the result of error;

   (9) Any amount specified by state and/or federal statute fora similar violation or failure to comply;

   (10) Any other factor(s) that may be relevant in determiningthe amount of a penalty, provided that the other factors shall be set forth inthe written notice of assessment of the penalty; and

   (11) The public interest.