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§ 449.35. Penalties and procedure

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1F. Health Care Practitioners Medicare Fee Control Act
35 P.S. § 449.35
§ 449.35. Penalties and procedure
(a) General penalties.--If a person violates section 4, the licensing board of the Bureau of Professional and Occupational Affairs under which the violator is licensed shall do the following:
(1) Publicly reprimand the violator.
(2) Order the violator to repay the victim the amount of excess payments made and received, plus interest on that amount at the maximum legal rate from the date payment was made until the date repayment is made.
(b) Additional violations.--If a person violates section 4 more than once, the penalties set forth in subsection (a) shall again be ordered. In addition, the following penalties shall be imposed:
(1) For a second violation, a fine of $2,000.
(2) For a third violation, a fine of $5,000.
(3) For a fourth or subsequent violation, a fine of $1,000 more than the last fine imposed.
(c) Disposition of fines collected.--Fines collected under this section shall be deposited into the General Fund.
(d) Procedure.--Before a penalty may be imposed under this section, a complaint shall be filed against the health care practitioner and notice of and an opportunity for a hearing shall be given. Either party to the complaint may appeal to the Commonwealth Court from an adjudication of the licensing board under 2 Pa.C.S. (relating to administrative law and procedure).
(e) Exceptions.--No penalty imposed under this section shall be considered cause to withhold, suspend or revoke the license of a health care practitioner by a licensing board.


1990, July 10, P.L. 352, No. 81, § 5, effective in 60 days.
35 P.S. § 449.35, PA ST 35 P.S. § 449.35
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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