Section 1280.3 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1280.3
. (a) Commencing on the effective date of the regulations
adopted pursuant to this section, the director may assess an
administrative penalty against a licensee of a health facility
licensed under subdivision (a), (b), or (f) of Section 1250 for a
deficiency constituting an immediate jeopardy violation as determined
by the department up to a maximum of seventy-five thousand dollars
($75,000) for the first administrative penalty, up to one hundred
thousand dollars ($100,000) for the second subsequent administrative
penalty, and up to one hundred twenty-five thousand dollars
($125,000) 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.
(b) Except as provided in subdivision (c), for a violation of this
chapter or the rules and regulations promulgated thereunder that
does not constitute a violation of subdivision (a), the department
may assess an administrative penalty in an amount of up to
twenty-five thousand dollars ($25,000) per violation. This
subdivision shall also apply to violation of regulations set forth in
Article 3 (commencing with Section 127400) of Chapter 2 of Part 2 of
Division 107 or the rules and regulations promulgated thereunder.
The department shall promulgate regulations establishing the
criteria to assess an administrative penalty against a health
facility licensed pursuant to subdivisions (a), (b), or (f) of
Section 1250. The criteria shall include, but need not be limited to,
the following:
(1) The patient's physical and mental condition.
(2) The probability and severity of the risk that the violation
presents to the patient.
(3) The actual financial harm to patients, if any.
(4) The nature, scope, and severity of the violation.
(5) The facility's history of compliance with related state and
federal statutes and regulations.
(6) Factors beyond the facility's control that restrict the
facility's ability to comply with this chapter or the rules and
regulations promulgated thereunder.
(7) The demonstrated willfulness of the violation.
(8) The extent to which the facility detected the violation and
took steps to immediately correct the violation and prevent the
violation from recurring.
(c) The department shall not assess an administrative penalty for
minor violations.
(d) The regulations shall not change the definition of immediate
jeopardy as established in this section.
(e) The regulations shall apply only to incidents occurring on or
after the effective date of the regulations.
(f) If the licensee disputes a determination by the department
regarding the alleged deficiency or 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 working days, request a hearing pursuant to Section 131071.
Penalties shall be paid when all appeals have been exhausted and the
department's position has been upheld.
(g) 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.
(h) In enforcing subdivision (a) 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.