Notice of Proposed Action
(1)Prior to issuing a notice of proposed action, the Authority shall notify the hospital of the potential deficiency or failure to report that could give rise to the imposition of a penalty. The Authority shall issue a notification letter within 30 calendar days of the report or payment due date. The hospital shall have 30 calendar days from the date of the notice to respond. The Authority may consider the response and any amended final report under OAR 410-050-0760 (Filing an Amended Report) in its notice of proposed action. In all cases that the Authority has determined that a hospital has an assessment deficiency or failure to report, the Authority shall issue a notice of proposed action. The Authority may not issue a notice of proposed action if the issue is resolved satisfactorily within 59 days from the date of mailing the notification letter.
(2)The Authority shall issue a notice of proposed action within 60 calendar days from the date of mailing the notification letter.
(3)Contents of the notice of proposed action shall include:
(a)The applicable reporting period;
(b)The basis for determining the corrected amount of assessment;
(c)The corrected assessment due as determined by the Authority;
(d)The amount of assessment paid by the hospital;
(e)The resulting deficiency, which is the difference between the amount received by the Authority and the corrected amount due as determined by the Authority;
(f)Statutory basis for the penalty;
(g)Amount of penalty per day of delinquency;
(h)Date upon which the penalty began to accrue;
(i)Date the penalty stopped accruing or circumstances under which the penalty shall stop accruing;
(j)The total penalty accrued up to the date of the notice;
(k)Instructions for responding to the notice; and
(l)A statement of the hospital’s right to a hearing.
Rule 410-050-0810 — Notice of Proposed Action,