Section 1280.1 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1280.1
. (a) Subject to subdivision (d), prior to the effective date
of regulations adopted to implement Section 1280.3, if a licensee of
a health facility licensed under subdivision (a), (b), or (f) of
Section 1250 receives a notice of deficiency constituting an
immediate jeopardy to the health or safety of a patient and is
required to submit a plan of correction, the department may assess
the licensee an administrative penalty in an amount not to exceed
twenty-five thousand dollars ($25,000) per violation.
(b) If the licensee disputes a determination by the department
regarding the alleged deficiency or the alleged failure to correct a
deficiency, or regarding the reasonableness of the proposed deadline
for correction or the amount of the penalty, the licensee may, within
10 days, request a hearing pursuant to Section 131071. Penalties
shall be paid when appeals have been exhausted and the department's
position has been upheld.
(c) For purposes of this section "immediate jeopardy" means a
situation in which the licensee's noncompliance with one or more
requirements of licensure has caused, or is likely to cause, serious
injury or death to the patient.
(d) This section shall apply only to incidents occurring on or
after January 1, 2007. With respect to incidents occurring on or
after January 1, 2009, the amount of the administrative penalties
assessed under subdivision (a) shall be up to one hundred thousand
dollars ($100,000) per violation. With respect to incidents occurring
on or after January 1, 2009, the amount of the administrative
penalties assessed under subdivision (a) shall be up to fifty
thousand dollars ($50,000) for the first administrative penalty, up
to seventy-five thousand dollars ($75,000) for the second subsequent
administrative penalty, and up to one hundred thousand dollars
($100,000) for the third and every subsequent violation. An
administrative penalty issued after three years from the date of the
last issued immediate jeopardy violation shall be considered a first
administrative penalty so long as the facility has not received
additional immediate jeopardy violations and is found by the
department to be in substantial compliance with all state and federal
licensing laws and regulations. The department shall have full
discretion to consider all factors when determining the amount of an
administrative penalty pursuant to this section.
(e) No new regulations are required or authorized for
implementation of this section.
(f) This section shall become inoperative on the effective date of
regulations promulgated by the department pursuant to Section
1280.3.
(g) In enforcing this section, the department shall take into
consideration the special circumstances of small and rural hospitals,
as defined in Section 124840, in order to protect access to quality
care in those hospitals.