§ 42-9-105 — Penalties for failure to pay assessment

(a) If a private hospital fails to pay an assessment due
under this chapter, there shall be added to the assessment a
penalty equal to five percent (5%) of the amount of the
assessment that was not paid when due. The penalty under this
section may be waived by the department for good cause. Any
payments made after a penalty is assessed under this section
shall be credited first to unpaid assessment amounts rather than
to penalty amounts, beginning with the most delinquent
installment.
(b) In addition to the penalty under subsection (a) of
this section, the department may implement any of the following
remedies for failure of a private hospital to pay its assessment
when due under this chapter:
(i) Withhold any medicaid payments, including any
quarterly adjustment payments, until the assessment is paid; or
(ii) Develop a plan that requires the private
hospital to pay any delinquent assessment in installments.