OAR 410-050-0790: Determining Assessment for Hospital Failure to File

(1) The law places an affirmative duty on the hospital to file a timely and correct report. (2) In the case of a failure by the hospital to file a report or to maintain necessary and adequate records, the Authority shall determine the hospital’s assessment liability according to the best of its information and belief. Best of its information and belief means the Authority shall use evidence available to the Authority at the time of the determination on which a reasonable person would rely on in determining the assessment. The Authority's determination of assessment liability shall be the basis for the assessment due in any notice of proposed action.