(a) All licensed hospitals shall, as a condition of initial and/or continued licensure:
(1) Meet the statewide community needs for the provision of charitable care;
(2) Meet standards for assurance of the continuance of uncompensated case and community benefits;
(3) Not discourage persons who cannot afford to pay from seeking essential medical services; and
(4) Not encourage persons who cannot afford to pay to seek essential medical services from other providers.
(b) The director shall on an annual basis review each licensed hospital’s level of performance in providing charity care and uncompensated care.
(c) The director shall consider the appropriate amount of charity and uncompensated care necessary to provide safe and adequate treatment, appropriate access and balanced health care delivery to the residents of the state.
(d) Each licensed hospital shall provide on or before March 1st of each calendar year a report in a form acceptable to the director, a detailed description with supporting documentation, evidence of compliance of this section including, but not limited to (1) cost of charity care, (2) bad debt, (3) contracted Medicaid shortfalls, and (4) any additional information demonstrating compliance with this section.
(e) If the department receives sufficient information indicating that a licensed hospital is not in compliance with this section, the director shall hold a hearing upon ten (10) days notice to the licensed hospital and shall issue, in writing, findings and appropriate penalties as set forth in § 23-17.14-30.