Sec. 86-5.26. Termination of services

(a) The Division of Health Care Financing in the Department of Health shall be notified immediately of the deletion of any previously offered service or of the withholding of services from patients paid for by government agencies. Such notification shall include a statement indicating the date of the deletion or withholding of such service and the cost impact on the LTHHCP of such action. Any overpayments by reason of such deletion of previously offered service shall be subject to such penalties as the Commissioner of Health may impose in the amount of up to 25 percent of the overpayment for negligent incorrect completion or negligent failure to file such notification, and up to 100 percent of the overpayment for willful incorrect completion or negligent failure to file such notification. The penalties assessed under this section are separate from, and shall not be construed to be in mitigation of damages which may be recovered pursuant to section 145-b of the Social Services Law.