SB328,,82 (5) Reporting. Every time a hospital updates a list as required under subs. (3) (h) and (4) (e) 4., the hospital shall submit the updated list to the department. The department shall prescribe the form in which the updated list shall be submitted to the department.

SB328,,83 (6) Monitoring and enforcement. (a) The department shall monitor each hospital’s compliance with the requirements of this section using any of the following methods:

SB328,,84 1. Evaluating complaints made by persons to the department regarding noncompliance with this section.

SB328,,85 2. Reviewing any analysis prepared regarding noncompliance with this section.

SB328,,86 3. Auditing the websites of hospitals for noncompliance with this section.

SB328,,87 4. Confirming that each hospital submitted the lists required under sub. (5).

SB328,,88 (b) If the department determines that a hospital is not in compliance with any provisions of this section, the department shall take the following actions:

SB328,,89 1. Provide a written notice to the hospital that clearly explains the manner in which the hospital is not in compliance with this section.

SB328,,90 2. Request a corrective action plan from the hospital if the hospital has materially violated a provision of this section, as determined under sub. (7).

SB328,,91 3. Impose a penalty determined under sub. (8) and publicize the penalty on the department’s website. The department shall impose a penalty only if the hospital does any of the following:

SB328,,92 a. Fails to respond to the department’s request to submit a corrective action plan.

SB328,,93 b. Fails to comply with the requirements of a corrective action plan submitted to the department.

SB328,,94 (c) The department shall create and maintain a publicly available list on its website of hospitals that have been found to have violated any provision of this section, that have been issued a penalty, or that have been sent a warning notice, request for a corrective action plan, or any other written communication from the department.

SB328,,95 (d) In considering an application for renewal of a hospital’s license, the department shall consider whether the hospital is or has been in compliance with this section.

SB328,,96 (7) Material violation; corrective action plan. (a) A hospital materially violates this section if the hospital does any of the following:

SB328,,97 1. Fails to comply with the requirements of sub. (2).

SB328,,98 2. Fails to publicize the hospital’s standard charges in the form and manner required by subs. (3) and (4).

SB328,,99 (b) If the department determines that a hospital has materially violated this section, the department shall issue a notice of material violation to the hospital and request that the hospital submit a corrective plan of action. The notice shall indicate the form and manner in which the corrective action plan shall be submitted to the department, and clearly state the date by which the hospital is required to submit the plan.

SB328,,100 (c) A hospital that receives a notice under par. (b) shall do all of the following:

SB328,,101 1. Submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation.

SB328,,102 2. As soon as practicable after submission of a corrective action plan to the department, act to comply with the corrective action plan.

SB328,,103 (d) A corrective action plan submitted to the department shall satisfy all of the following criteria:

SB328,,104 1. Describe in detail the corrective actions the hospital will take to address any violation identified by the department in the notice provided under par. (b).

SB328,,105 2. Provide a date by which the hospital will complete the corrective actions described in subd. 1.

SB328,,106 (e) A corrective action plan is subject to review and approval by the department. After the department reviews and approves a hospital’s corrective action plan, the department shall monitor and evaluate the hospital’s compliance with the corrective action plan.

SB328,,107 (f) A hospital is considered to have failed to respond to the department’s request to submit a corrective action plan if the hospital does any of the following:

SB328,,108 1. Fails to submit a corrective action plan in the form and manner specified in the notice provided under par. (b).

SB328,,109 2. Fails to submit a corrective action plan by the date specified in the notice provided under par. (b).

SB328,,110 (g) A hospital is considered to have failed to comply with a corrective action plan if the hospital fails to address a violation within the specified period of time contained in the corrective action plan.