CDPH Issues Penalties to Four Hospitals

Date: March 27, 2019
Number: 19-004
Contact: Corey Egel | 916.440.7259 | CDPHpress@cdph.ca.gov

SACRAMENTO – The California Department of Public Health (CDPH) issued four penalties today to four California hospitals along with fines totaling $224,895 after investigations found the facilities' noncompliance with licensing requirements caused, or was likely to cause, serious injury or death to patients.

The following hospitals received penalties for incidents that occurred in 2017 and 2018. Please click on the link below for specific incident information:

1. Adventist Health Simi Valley, Simi Valley, Ventura County (2017)

The hospital failed to ensure the health and safety of a patient when it did not follow established policies and procedures regarding the safety of a patient. The penalty is $45,315. This is the hospital's third Immediate Jeopardy administrative penalty.

2. Community Memorial Hospital, Ventura, Ventura County (2017)

The hospital failed to ensure the health and safety of a patient when it did not follow established policies and procedures regarding the treatment and care of a patient. The penalty is $69,930. This is the hospital's second Immediate Jeopardy administrative penalty.

3. Kern Medical Center, Bakersfield, Kern County (2018)

The hospital failed to ensure the health and safety of a patient when it did not follow established policies and procedures regarding the treatment and care of a patient. The penalty is $34,650. This is the hospital's third Immediate Jeopardy administrative penalty.

4. Sutter Delta Medical Center, Antioch, Contra Costa County (2017)

The hospital failed to ensure the health and safety of a patient when it did not follow established policies and procedures regarding the treatment and care of a patient. The penalty is $75,000. This is the hospital's second Immediate Jeopardy administrative penalty.

CDPH issues administrative penalties under authority granted by Health and Safety Code section 1280.1. Incidents that occurred prior to 2009 carry a fine of $25,000. On  January 1, 2009, the fines increased for incidents that occurred in 2009 or later. Under this provision, an administrative penalty carries a fine of $50,000 for the first violation, $75,000 for the second, and $100,000 for the third or subsequent violation by the licensee.

As of April 1, 2014, adopted regulations allow CDPH to assess an administrative penalty for incidents occurring on or after said date, against a specified licensee for a deficiency constituting an immediate jeopardy violation up to a maximum of $75,000 for the first administrative penalty, up to $100,000 for the second, and up to $125,000 for the third and every subsequent violation within three years.

When hospitals receive their survey findings, they are required to provide CDPH with a plan of correction to prevent future incidents. Hospitals can appeal an administrative penalty by requesting a hearing within ten calendar days of notification. If a hearing is requested and the penalty upheld following an appeal, the penalties must be paid.

All hospitals in California are required to be in compliance with applicable state and federal laws and regulations governing general acute care hospitals, acute psychiatric hospitals, and special hospitals. The hospitals are required to comply with these standards to ensure quality of care.