Section 259.6. Civil money penalties—statement of policy

(a) The Department may impose a civil money penalty of up to $5,000 per violation upon a person who willfully fails to comply with the obligations imposed under section 1409 of the Public Welfare Code (62 P. S. § 1409).

(b) The Department may impose a civil money penalty of up to $1,000 per violation upon a person who willfully fails to disclose a material fact regarding third party liability for a beneficiary’s injuries.

(c) Persons who are required to disclose information regarding third-party liability to the Department include the beneficiary, any representative of the beneficiary, and any liable third-party or insurer in possession of that information.

(d) ‘‘Willfully’’ means that the person acted intentionally in the sense that the person intended to do the act and was aware of what the person was doing. Proof of evil motive or intent or knowledge that the person’s conduct violated the law is not required.

(e) The Bureau of Hearings and Appeals has jurisdiction to hear appeals from the assessment of civil money penalties by the Department.

The provisions of this § 259.6 adopted October 31, 2008, effective November 1, 2008, 38 Pa. Code 5970.