Penalties for Noncompliance

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  1. Except as otherwise provided in this Code section, any submitting entity that fails to submit claims data in accordance with this article shall be subject to penalty. The office shall adopt a schedule of penalties not to exceed $1,000.00 per day of violation, determined by the severity of the violation. A penalty imposed under this subsection may be remitted or mitigated upon such terms and conditions as the director considers proper and consistent with the public health and safety. Any fines collected pursuant to this subsection shall be deposited into the state treasury.
  2. Any submitting entity that is subject to the jurisdiction of the Commissioner of Insurance that fails to submit claims data in accordance with this article shall be subject to violation of paragraph (14.2) of subsection (b) of Code Section 33-6-4, and any other penalties that may be imposed by the Commissioner of Insurance. The GAPCD may refer violations by such submitting entities to the Commissioner of Insurance for enforcement action for each instance in which such submitting entity fails to submit claims data to the GAPCD in accordance with this article. The rules promulgated pursuant to Code Section 31-53-51, shall include processes for referring violations to the Commissioner of Insurance pursuant to this subsection.
  3. This Code section shall not apply to state or federal agencies that are submitting entities.

(Code 1981, §31-53-50, enacted by Ga. L. 2020, p. 743, § 1/SB 482.)


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