California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 1 - Department of Mental Health
Chapter 11 - Medi-Cal Specialty Mental Health Services
Subchapter 1 - General Provisions
Article 3 - Administration
Section 1810.385 - Civil Penalties

Universal Citation: 9 CA Code of Regs 1810.385

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Department may impose one or more of the civil penalties specified in Subsection (b) upon an MHP that fails to comply with the provisions of Sections 5775 through 5780 and 14680 through 14685 of the Welfare and Institutions Code, the provisions of this Chapter, or the terms of the MHP's contract with the Department.

(b) Civil penalties imposed by the Department shall be in the amounts specified below with respect to violation of:

(1) The provisions of Sections 1810.360, 1850.205, 1850.210, and 1850.215.
(A) First violation: $1,000.

(B) Second and each subsequent violation: $5,000.

(2) The provisions of Section 1810.375 and any other regulation or contract provision establishing a time frame for action.
(A) First violation: $500, plus $25 per day for each day that the item to be submitted is late.

(B) Second and each subsequent violation: $500, plus $25 per day for each day that the item to be submitted is late.

(3) Any provision of this Chapter that is not specifically addressed in this Section.
(A) First violation: $500.

(B) Second violation: $1,000.

(C) Third and each subsequent violation: $5,000.

(4) Any provision of the contract between the MHP and the Department that is not specifically governed by this Chapter.
(A) First violation: $500.

(B) Second and subsequent violations: $1,000.

(5) Any provision of Sections 5775 through 5780 and 14680 through 14685 of the Welfare and Institutions Code, which is not specifically addressed in this Chapter.
(A) First violation: $1,000.

(B) Second and subsequent violations: $1,000.

(c) When the Department issues a notice of noncompliance as described in Section 1810.380 to an MHP found by the Department to be in violation of any provision of law, regulation or the contract, failure to comply with corrective actions in the notice within the time limits given shall be deemed to be a subsequent violation under this Section.

1. New section filed 10-31-97 as an emergency; operative 11-1-97 (Register 97, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-2-98 as an emergency; operative 3-2-98 (Register 98, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-17-98 as an emergency; operative 6-30-98 (Register 98, No. 25). Pursuant to Chapter 324 (Statutes of 1998) Item 4440-103-0001(4), a Certificate of Compliance must be transmitted to OAL by 7-1-99 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of HISTORY 3 (Register 98, No. 39).
5. Editorial correction extending Certificate of Compliance date to 7-1-2001 pursuant to Chapter 50 (Statutes of 1999) Item 4440-103-0001(4) (Register 99, No. 33). Notwithstanding any other provision of law, emergency regulations adopted pursuant to Welfare and Institutions Code section 14680 to implement the second phase of mental health managed care as provided in this part shall remain in effect until permanent regulations are adopted, or June 30, 2006, whichever occurs first.
6. Editorial correction of HISTORY 5 (Register 2000, No. 42).
7. Editorial correction of HISTORY 5 and repealer and new section filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).

Note: Authority cited: Sections 5775(e)(1) and 14680, Welfare and Institutions Code. Reference: Sections 5775(e)(1) and 5777, Welfare and Institutions Code.

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