California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 1 - General Acute Care Hospitals
Article 10 - Hospital Administrative Penalties
Section 70954 - Determining the Initial Penalty for Each Violation
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An initial penalty shall be determined for each deficiency, considering the nature, scope and severity of the deficiency by using the matrix set forth in subdivision (d).
(b) Severity of the deficiency.
Level 2-No actual patient harm but with potential for more than minimal patient harm, but no immediate jeopardy.
Level 3-Actual patient harm that is not immediate jeopardy.
Level 4-Immediate jeopardy to patient health or safety that is likely to cause serious injury or death.
Level 5-Immediate jeopardy to patient health or safety that caused serious injury to a patient.
Level 6-Immediate jeopardy to patient health or safety that caused the death of a patient.
(c) Scope of the noncompliance.
(d) The matrix set forth in this subdivision shall be used to determine the initial penalty for a deficiency by selecting a penalty percentage from the range provided in the matrix cell that corresponds to the appropriate scope of noncompliance and the severity of harm categories. The percentages in each cell of the following matrix shall be applied to the maximum administrative penalties as set forth in Health and Safety Code section 1280.3:
An immediate jeopardy penalty shall be considered a first administrative penalty if the date the violation occurred is over three years from the date of violation of the last issued immediate jeopardy penalty, the hospital has not received additional immediate jeopardy violations, and the department finds that the hospital has been in substantial compliance for over three years prior to the date of the violation that is the subject of the penalty calculation.
Scope and Severity Matrix
1. New section filed 12-5-2013; operative 4-1-2014 (Register 2013, No. 49).
Note: Authority cited: Sections 1280.3, 100275(a), 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Section 1280.3, Health and Safety Code.
