California Health and Safety Code Section 1424.5
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California Laws > Health and Safety Code > California Health and Safety Code Section 1424.5
1424.5. (a) In lieu of the fines specified in subdivisions (c),
(d), (e), and (g) of Section 1424, fines imposed on skilled nursing
facilities or intermediate care facilities, as specified in
paragraphs (1) and (2) of subdivision (a) of Section 1418, shall be
(1) A class "AA" citation is subject to a civil penalty in an
amount not less than twenty-five thousand dollars ($25,000) and not
exceeding one hundred thousand dollars ($100,000) for each and every
citation. For a second or subsequent class "AA" citation in a skilled
nursing facility or intermediate care facility within a 24-month
period, the state department shall commence action to suspend or
revoke the facility's license in accordance with Section 1294.
(2) A class "A" citation is subject to a civil penalty in an
amount not less than two thousand dollars ($2,000) and not exceeding
twenty thousand dollars ($20,000) for each and every citation.
(3) Any "willful material falsification" or "willful material
omission," as those terms are defined in subdivision (f) of Section
1424, in the health record of a resident is subject to a civil
penalty in an amount not less than two thousand dollars ($2,000) and
not exceeding twenty thousand dollars ($20,000) for each and every
(4) A class "B" citation is subject to a civil penalty in an
amount not less than one hundred dollars ($100) and not exceeding two
thousand dollars ($2,000) for each and every citation. Class "B"
violations are violations that the state department determines have a
direct or immediate relationship to the health, safety, or security
of long-term health care facility patients or residents, other than
class "AA" or "A" violations. Unless otherwise determined by the
state department to be a class "A" violation pursuant to this chapter
and rules and regulations adopted pursuant thereto, any violation of
a patient's rights as set forth in Sections 72527 and 73523 of Title
22 of the California Code of Regulations, that is determined by the
state department to cause, or under circumstances to be likely to
cause, significant humiliation, indignity, anxiety, or other
emotional trauma to a patient is a class "B" violation. A class "B"
citation shall specify the time within which the violation is
required to be corrected. If the state department establishes that a
violation occurred, the licensee shall have the burden of proving
that the licensee did what might reasonably be expected of a
long-term health care facility licensee, acting under similar
circumstances, to comply with the regulation. If the licensee
sustains this burden, then the citation shall be dismissed.
(b) A licensee may, in lieu of contesting a class "AA" or class "A"
citation pursuant to Section 1428, transmit to the state department,
the minimum amount specified by law, or 65 percent of the amount
specified in the citation, whichever is greater, for each violation,
within 30 business days after the issuance of the citation.
Last modified: February 22, 2013