California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 3 - Skilled Nursing Facilities
Article 7 - Violations and Civil Penalties
Section 72711 - Penalties
Universal Citation: 22 CA Code of Regs 72711
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In fixing the amount of the civil penalty to be imposed for a class "A" violation, the district administrator or his designee, shall consider:
(1) The gravity of the violation which shall include:
(A) The degree of substantial probability that death or serious physical harm to the patient would result and if applicable, did result, from the violation.
(B) The severity of serious physical harm to a patient or guest which was likely to result and if applicable, that did result, from the violation.
(C) The extent to which the provisions of the applicable statutes or regulations were violated.
(2) The "Good Faith" exercised by the licensee. Indications of good faith include awareness of the applicable statutes and regulations and reasonable diligence in complying with such requirements, prior accomplishments manifesting the licensee's desire to comply with such requirements, and any other mitigating factors in favor of the licensee.
(3) Any previous violations committed by the licensee.
Note: Authority cited: Sections 208(a) and 1275, Health and Safety Code. Reference: Sections 1276, 1424, 1425, 1426 and 1427, Health and Safety Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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