(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 as follows: (1) A class âAAâ citation is subject to a civil penalty in an amount not less than thirty thousand dollars ($30,000) and not exceeding one hundred twenty thousand dollars ($120,000) for each citation. For a second or subsequent class âAAâ 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 facilityâs license in accordance with Section 1294. (2) A class âAâ citation is subject to a civil penalty in an amount not less than three thousand five hundred dollars ($3,500) and not exceeding twenty-five thousand dollars ($25,000) for each citation. A class âAâ citation that involved the death of a patient or resident is subject to a civil penalty in an amount not less than fifteen thousand dollars ($15,000) and not exceeding sixty thousand dollars ($60,000). (3) Any âwillful material falsificationâ or âwillful material omission,â 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 three thousand five hundred dollars ($3,500) and not exceeding twenty-five thousand dollars ($25,000) for each citation. (4) A class âBâ citation is subject to a civil penalty in an amount not less than one hundred fifty dollars ($150) and not exceeding three thousand dollars ($3,000). Class âBâ violations are violations that the department determines have a direct or immediate relationship to the health, safety, or security of long-term health care facility residents, other than class âAAâ or âAâ violations. Unless otherwise determined by the department to be a class âAâ violation pursuant to this chapter and regulations adopted pursuant thereto, any violation of a patientâs rights as set forth in Sections 72527 and 73523 of Title 22 of the California Code of Regulations, that is determined by the department to cause, or under circumstances to be likely to cause, significant humiliation, indignity, anxiety, or other emotional trauma to a resident is a class âBâ violation. A class âBâ citation shall specify the time within which the violation is required to be corrected. If the 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 âAAâ or class âAâ citation pursuant to Section 1428, transmit to the 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.
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