Originally, L&C received authority to issue administrative penalties for IJ violations pursuant to HSC section 1280.1 in Senate Bill 1312, Statutes of 2006, Chapter 895, which became effective on January 1, 2007. This law authorized the issuance of IJ APs for up to $25,000 per violation. This law also created HSC section 1280.3 which, upon the adoption of regulations, would authorize L&C to issue IJ APs for $50,000 and provide new authority to issue APs for non-IJ violations for $17,500.
<br>
<br>
Senate Bill 541, Statutes of 2008, Chapter 605, increased the amount for IJ APs pursuant to HSC 1280.1 beginning on January 1, 2009, and upon adoption of regulations to implement HSC section 1280.3, further increased the amount for IJ and non-IJ APs. Until L&C adopted regulations, Senate Bill 541 authorized L&C to issue APs under HSC section 1280.1 of up to $50,000 for the first IJ deficiency, up to $75,000 for the second subsequent IJ deficiency, and up to $100,000 for the third and every subsequent IJ deficiency. Upon adoption of regulations, the AP amounts for IJ violations would increase, up to a maximum of $75,000 for the first IJ AP, up to $100,000 for the second subsequent IJ AP, and up to $125,000 for the third and every subsequent IJ violation. SB 541 increased APs for non-IJ violations to up to $25,000.
<br>
<br>
To implement HSC section 1280.3, CDPH adopted regulations for issuing hospital APs (Title 22 CCR starting at Section 70951), effective April 1, 2014. The regulations detail the methodology for calculating APs that takes into account the nature of the violation, the severity and scope of the deficiency, and contains penalty enhancements and reductions based on the circumstances surrounding the deficiency. Note: These regulations apply to incidents occurring on or after April 1, 2014.