South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES
Sec2 61-77.300 - ENFORCEMENT ACTIONS
Section 61-77.300.302 - Violation Classifications
Current through Register Vol. 48, No. 9, September 27, 2024
Violations of standards in this regulation are classified as follows:
A. Class I violations are those that present an imminent danger to the health, safety, or well-being of the Patients of the Home Health Agency or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods, or operations in use in an Agency may constitute such a violation. The condition or practice constituting a Class I violation shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the Department, is required for correction. Each day such violation exists after expiration of this time shall be considered a subsequent violation.
B. Class II violations are those, other than Class I violations, that the Department determines to have a direct or immediate relationship to the health, safety, or well-being of the Agency's Patients. The citation of a Class II violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.
C. Class III violations are those that are not classified as Class I or II in this regulation or those that are against best practices. The citation of a Class III violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.
D. The notations (I) or (II), placed within sections of this regulation, indicate those standards are Class I or II violations if they are not met, respectively. Failure to meet standards not so annotated are Class III violations.
E. When assessing a monetary penalty, the Department may invoke S.C. Code Section 44-7-320(C) to determine the dollar amount or may utilize the following schedule:
|
FREQUENCY |
CLASS I |
CLASS II |
CLASS III |
|
1st |
$500-1,500 |
$300-800 |
$100-300 |
|
2nd |
1,000-3,000 |
500-1,500 |
300-800 |
|
3rd |
2,000-5,000 |
1,000-3,000 |
500-1,500 |
|
4th |
5,000 |
2,000-5,000 |
1,000-3,000 |
|
5th |
5,000 |
5,000 |
2,000-5,000 |
|
6th |
5,000 |
5,000 |
5,000 |
