Section 1317.6 Of Article 7. Other Services From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 7.
1317.6
. (a) Hospitals found by the state department to have
committed or to be responsible for a violation of this article or the
regulations adopted pursuant thereto shall be subject to a civil
penalty by the state department in an amount not to exceed
twenty-five thousand dollars ($25,000) for each hospital violation.
In determining the amount of the fine for a hospital violation, the
state department shall take into account all of the following:
(1) Whether the violation was knowing or unintentional.
(2) Whether the violation resulted or was reasonably likely to
result in a medical hazard to the patient.
(3) The frequency or gravity of the violation.
(4) Other civil fines which have been imposed as a result of the
violation under Section 1395 of Title 42 of the United States Code.
(b) Notwithstanding this section, the director shall refer any
alleged violation by a hospital owned and operated by a health care
service plan involving a plan member or enrollee to the Department of
Managed Health Care unless the director determines the complaint is
without reasonable basis. The Department of Managed Health Care shall
have sole authority and responsibility to enforce this article with
respect to violations involving hospitals owned and operated by
health care service plans in their treatment of plan members or
enrollees.
(c) Physicians and surgeons found by the board to have committed,
or to be responsible for, a violation of this article or the
regulations adopted pursuant thereto shall be subject to any and all
penalties which the board may lawfully impose and may be subject to a
civil penalty by the board in an amount not to exceed five thousand
dollars ($5,000) for each violation. A civil penalty imposed under
this subdivision shall not duplicate federal fines, and the board
shall credit any federal fine against a civil penalty imposed under
this subdivision.
(d) The board may impose fines when it finds any of the following:
(1) The violation was knowing or willful.
(2) The violation was reasonably likely to result in a medical
hazard.
(3) There are repeated violations.
(e) It is the intent of the Legislature that the state department
has primary responsibility for regulating the conduct of hospital
emergency departments and that fines imposed under this section
should not be duplicated by additional fines imposed by the federal
government as a result of the conduct which constituted a violation
of this section. To effectuate the Legislature's intent, the Governor
shall inform the Secretary of the federal Department of Health and
Human Services of the enactment of this section and request the
federal department to credit any penalty assessed under this section
against any subsequent civil monetary penalty assessed pursuant to
Section 1395dd of Title 42 of the United States Code for the same
violation.
(f) There shall be a cumulative maximum limit of thirty thousand
dollars ($30,000) in fines assessed against hospitals under this
article and under Section 1395dd of Title 42 of the United States
Code for the same circumstances. To effectuate this cumulative
maximum limit, the state department shall do both of the following:
(1) As to state fines assessed prior to the final conclusion,
including judicial review, if available, of an action against a
hospital by the federal Department of Health and Human Services under
Section 1395dd of Title 42 of the United States Code (for the same
circumstances finally deemed to have been a violation of this article
or the regulations adopted hereunder, because of the state
department action authorized by this article), remit and return to
the hospital within 30 days after conclusion of the federal action,
that portion of the state fine necessary to assure that the
cumulative maximum limit is not exceeded.
(2) Immediately credit against state fines assessed after the
final conclusion, including judicial review, if available, of an
action against a hospital by the federal Department of Health and
Human Services under Section 1395dd of Title 42 of the United States
Code, which results in a fine against a hospital (for the same
circumstances finally deemed to have been a violation of this article
or the regulations adopted hereunder, because of the state
department action authorized by this article), the amount of the
federal fine, necessary to assure the cumulative maximum limit is not
exceeded.
(g) Any hospital found by the state department pursuant to
procedures established by the state department to have committed a
violation of this article or the regulations adopted hereunder may
have its emergency medical service permit revoked or suspended by the
state department.
(h) Any administrative or medical personnel who knowingly and
intentionally violates any provision of this article, may be charged
by the local district attorney with a misdemeanor.
(i) Notification of each violation found by the state department
of the provisions of this article or the regulations adopted
hereunder shall be sent by the state department to the Joint
Commission for the Accreditation of Hospitals, the state emergency
medical services authority, and local emergency medical services
agencies.
(j) Any person who suffers personal harm and any medical facility
which suffers a financial loss as a result of a violation of this
article or the regulations adopted hereunder may recover, in a civil
action against the transferring or receiving hospital, damages,
reasonable attorney's fees, and other appropriate relief.
Transferring and receiving hospitals from which inappropriate
transfers of persons are made or refused in violation of this article
and the regulations adopted hereunder shall be liable for the
reasonable charges of the receiving or transferring hospital for
providing the services and care which should have been provided. Any
person potentially harmed by a violation of this article or the
regulations adopted hereunder, or the local district attorney or the
Attorney General, may bring a civil action against the responsible
hospital or administrative or medical personnel, to enjoin the
violation, and if the injunction issues, the court shall award
reasonable attorney's fees. The provisions of this subdivision are in
addition to other civil remedies and do not limit the availability
of the other remedies.
(k) The civil remedies established by this section do not apply to
violations of any requirements established by any county or county
agency.