Noncompliance

(1) Penalty for Nonpayment. If a nonpublic ambulance provider does not pay the amount required pursuant to 101 CMR 324.04, or a specified portion thereof, by the due date established by EOHHS, EOHHS may assess up to a 3% penalty on the outstanding balance. EOHHS will calculate the penalty on the outstanding balance as of the due date. EOHHS may assess up to an additional 3% penalty against the outstanding balance and prior penalties for each month that a nonpublic ambulance provider remains delinquent. EOHHS will credit partial payments from delinquent nonpublic ambulance providers to the current outstanding liability. If any amount remains from the partial payment, EOHHS will then credit such amount to the penalty amount. (2) Penalty for Failure to Report Nonpublic Emergency Ambulance Assessed Charges. If a nonpublic ambulance provider fails to report nonpublic emergency ambulance assessed charges as required under 101 CMR 324.04(3)(a), EOHHS may assess penalties consistent with 101 CMR 327.06: Reporting and Registration Requirements. (3) Penalty Amount Determination. In determining the penalty amount, EOHHS may consider factors including, but not be limited to, the nonpublic ambulance provider’s payment history, financial situation, and relative share of the payments. (4) Reduction in Payment. EOHHS may deny, reduce, or withhold payments that would otherwise be made to an eligible nonpublic ambulance provider pursuant to 101 CMR 327.00: Rates of Payment for Ambulance and Wheelchair Van Services if that nonpublic ambulance provider fails to make full payment under 101 CMR 324.04 or is assessed penalties under 101 CMR 324.06(1). EOHHS will notify the nonpublic ambulance provider of its intention to deny, reduce, or withhold payment. (5) Successors in Interests or Providers under Common Control. EOHHS may apply all penalties and reductions in payments to successor in interest to the nonpublic ambulance provider or any provider under common interest.