§ 23-01-24 — Health care cost and quality review program - Penalty

The department of health and human services shall conduct a continuous program to
review and improve the quality of health care in the state. The department may contract with a
qualified person or organization to develop and implement the program. The department shall
use the program to compile relevant information about the quality of health care in this state
which will allow the department to evaluate the cost, quality, and outcomes of health care. The
department shall establish and consult a provider advisory committee composed of health care
providers regarding the data that is a cost-effective process for collecting and evaluating the
information. The department may assess against a provider a penalty of one hundred dollars
per day for each day the provider willfully refuses to provide the department with information
requested for use with the program, but the penalty may not exceed one thousand dollars for
each request. A provider against whom a fee is assessed may appeal that assessment to the
department. If the provider fails to pay the penalty, the department may, in the county where the
provider's principal place of business is located, initiate a civil action against the provider to
collect the penalty. As used in this section, "provider" means a person who is licensed, certified,
or otherwise authorized by the law of this state to administer health care in the ordinary course
of business or professional practice. The department shall ensure that patient privacy is
protected throughout the compilation and use of the information. The department shall evaluate
data management capabilities in the state and shall organize its capabilities to provide
information about the cost of care on an individual provider basis as well as a collective basis.