Earlier quoted context omitted.
Don't forget this part: >(e) Failure To Report.—A provider that knowingly and willfully fails to make a report required under subsection (a)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. I find these clauses at odds with one anot…
> I find these clauses at odds with one another in that the Failure to Report clause created a tangible duty upon the provider, which, were I a judge, would satisfy me that the provider was, in fact, deputized. Absolutely not. That section requires a report under the circumstances where a provider has obtained “actual knowledge of facts and circumstances” of an “apparent violation” of various code sections (child por…
A spade, is a spade by any other name. If the state will come down on you for not doing something (message generation), you are a deputy of the State. Period.