reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70849 - Gases for Medical Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Provision shall be made for safe handling and storage of medical gas
				  cylinders.
(b) Transfer of gas by
				  hospital personnel from one cylinder to another is prohibited except when
				  approved by the Department.
(c)
				  Gases for medical use include carbon dioxide, cyclopropane, ethylene, helium,
				  nitrous oxide, oxygen, helium-oxygen mixtures and carbon dioxide-oxygen
				  mixtures.
(d) All anesthesia
				  machines and related equipment shall be so constructed that connections for
				  different gases are not interchangeable.
This requirement shall be accomplished by installing
					 permanent fittings as indicated below:
(1) Yoke connections of anesthesia machines
				  and flush outlet valves for small compressed gas cylinders (Style E and
				  smaller) shall conform with the pin index safety system contained in "V-1:
				  Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections"
				  15th Edition (2021), by the Compressed Gas
				  Association and the American National Standards Institute, hereby incorporated
				  by reference.
(2) Valve outlet
				  connections for large cylinders (Style F and larger) for oxygen and nitrous
				  oxide shall conform with the standards contained in "V-1: Standard for
				  Compressed Gas Cylinder Valve Outlet and Inlet Connections"
				  15th Edition (2021), by the Compressed Gas
				  Association and the American National Standards Institute, hereby incorporated
				  by reference. Standard connection No. 540 shall be used with oxygen cylinders
				  and standard connection No. 326 shall be used with nitrous oxide cylinders.
				  Cylinders for medical gases, other than oxygen and nitrous oxide, used with
				  anesthesia machines shall be limited to Style E and smaller.
(3) Removable exposed threaded connections,
				  where employed in medical gas piping systems and equipment used in conjunction
				  with resuscitators and oxygen therapy apparatus, shall be provided with
				  noninterchangeable connections which conform with pamphlet "V-5: Diameter-Index
				  Safety System (Noninterchangeable Low Pressure Connections for Medical Gas
				  Applications)" 7th Edition (2019) by the Compressed
				  Gas Association, hereby incorporated by reference.
(4) Station outlets from piped oxygen and
				  nitrous oxide systems shall conform with the standards contained in "NFPA 99:
				  Health Care Facilities Code" (2012) by the National Fire Protection
				  Association, hereby incorporated by reference.
(5) Removable connection hoses from station
				  outlets or cylinders to yokes of anesthesia machines shall be fitted with
				  permanently connected fittings to match the standards listed above in
				  paragraphs (1), (2), (3) and (4).
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70851 - Lighting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All rooms,
				  attics, basements, passageways and other spaces shall be illuminated.
(b) Adequate illumination shall be maintained
				  for the comfort of patients and personnel.
(c) All patient rooms shall have a minimum of
				  30 foot candles of light delivered to reading or working surfaces and not less
				  than 10 foot candles of light in the remainder of the room.
(d) All corridors, storerooms, stairways,
				  ramps, exits and entrances shall have a minimum of five foot candles of light
				  measured in the darkest corner.
(e)
				  Except in closets, storage spaces, attic spaces, equipment rooms and similar
				  areas, lighting fixtures shall have suitable enclosures to control fixture
				  brightness and to prevent accidental breakage. Where exposed lamp fixtures are
				  permitted, suitable guards shall be maintained in locations where breakage
				  could be hazardous to personnel.
(f) Emergency lighting facilities shall be
				  maintained for use during electrical power failure. In addition, flashlights
				  shall be available at all times. Open flame lights shall not be used.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70853 - Electrically Sensitive Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Electrically sensitive patient areas are
				  those areas of the hospital where patients with invasive instrumentation (that
				  can provide electrically conductive pathways directly to the heart) are usually
				  located. These patients are particularly vulnerable to accidental electrocution
				  from contact with equipment or other conducting surfaces bearing electrical
				  potentials that would not normally be considered hazardous. These patient care
				  areas must be provided with additional electrical safeguards. Such areas
				  include but are not limited to:
(1) Coronary
				  care units.
(2) Intensive care
				  units.
(3) Cardiac catheterization
				  laboratories.
(4) Operating
				  rooms.
(5) Portions of emergency
				  rooms.
(6) Postoperative recovery
				  rooms.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70855 - Mechanical Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Heating, air conditioning and ventilating systems shall be
					 maintained in operating condition to provide a comfortable temperature and to
					 meet the new construction requirements in effect at the time plans were
					 approved for the facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70857 - Screens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To protect against insects, screens of 6 mesh per
					 centimeter (16 mesh per inch) shall be provided on doors and openable windows.
					 Screen doors shall be of a type approved by the State Fire
					 Marshal.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70859 - Signal Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  call system shall be maintained in operating order in all nursing units. Call
				  systems shall be maintained to provide visible and audible signal communication
				  between nursing personnel and patients. The minimum requirements are:
(1) A call station or stations providing
				  extension cords to each patient bed. These extension cords shall be readily
				  accessible to patients.
(2) A
				  visible signal in the corridor above the door of each patient room.
(3) An audible signal and light indicating
				  the room from which the call originates shall be located at the nurses'
				  stations. Alternate systems must be approved in writing by the
				  Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70861 - Storage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All hospitals
				  shall maintain general storage space of at least 1.9 square meters (20 square
				  feet) per bed in addition to specialized storage space.
(b) Storage is not permitted in plenums (air
				  distribution chambers) of air conditioning or ventilation systems.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70863 - Water Supply and Plumbing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Water for human consumption from an independent source shall be subjected to
				  bacteriological analysis by the local health department, State Department of
				  Health or a licensed commercial laboratory at least every three (3) months. A
				  copy of the most recent laboratory report shall be available for
				  inspection.
(b) Plumbing and
				  drainage facilities shall be maintained in compliance with Part 5, Title 24,
				  California Administrative Code, Basic Plumbing Requirements. Drinking water
				  supplies shall comply with Group 4, Subchapter 1, Chapter 5, Division T17, Part
				  6, of Title 24, California Administrative Code.
(c) Backflow preventers (vacuum breakers)
				  shall be maintained in operating condition where required by Section
				  T17-210(c), Division T17, Part 6, Title 24, California Administrative
				  Code.
(d) For hot water used by
				  patients, there shall be temperature controls to automatically regulate the
				  temperature between 40.5°C (105°F) and 48.9°C
				  (120°F).
(e) Hot water at a
				  minimum temperature of 82.2°C (180°F) shall be maintained at the final
				  rinse section of dishwashing facilities unless alternate methods are approved
				  by the Department.
(f) Taps
				  delivering water at 51.6°C (125°F) or higher shall be identified
				  prominently by warning signs with letters 5 cm (2 inches) high.
(g) Grab bars shall be maintained for each
				  toilet, bathtub and shower used by patients, where required in Section
				  T17-212(b), Division T17, Part 6, of Title 24, California Administrative
				  Code.
(h) As a minimum, toilet,
				  handwashing and bathing facilities shall be maintained in operating condition
				  in the number and types specified in construction requirements in effect at the
				  time the building or unit was constructed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 8 - Physical Plant › Section 70865 - Ice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Ice which is used in connection with food or drink shall be
					 from a sanitary source and shall be handled and dispensed in a sanitary
					 manner.
1.
					 Certificate of Compliance as to 11-16-89 order including amendment transmitted
					 to OAL 3-15-90 and filed 4-16-90 (Register 90, No.
					 17).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70901 - Applicability of Article 9

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Regulations found in Article 9 are applicable to all small
					 and rural hospitals as defined in Health and Safety Code Section
					 442.2(c).
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70903 - Enforcement of Article 9

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each regulation in Article 9 provides an alternative for a
					 specific regulation or regulations found elsewhere in Chapter 1. Preceding or
					 included in each section in Article 9 is the number of the section it will
					 modify or replace.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70905 - Surgical Service General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70223 shall apply as written with
					 the following exception: Hospitals with a licensed bed capacity of 25 or more
					 but less than 50 shall only be required to maintain one operating
					 room.
1. New
					 section filed 2-26-90 as an emergency: operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70907 - Dietetic Service Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70275 shall be replaced by the
					 following:
(a) A registered dietitian
				  shall be employed on a full-time, part-time or consulting basis for approval of
				  all menus and participation in development or revision of dietetic policies and
				  procedures and in planning and conducting in-service education
				  programs.
(b) Sufficient dietetic
				  service personnel shall be employed, oriented, trained and their working hours
				  scheduled to provide for the nutritional needs of the patients and to maintain
				  the dietetic service areas. If dietetic service employees are assigned duties
				  in other service areas, those duties shall not interfere with the sanitation,
				  safety or time required for dietetic work assignments.
(c) A record shall be maintained of the
				  number of persons by job title employed full or part-time in dietetic services
				  and the number of hours each works weekly.
(d) Hygiene of Dietetic Service Staff.
(1) Dietetic service personnel shall be
				  trained in basic food sanitation techniques, shall be clean, wear clean
				  clothing, including a cap and/or a hair net and shall be excluded from duty
				  when affected by skin infection or communicable diseases. Beards and mustaches
				  which are not closely cropped and neatly trimmed shall be covered.
(2) Employee's street clothing stored in the
				  kitchen area shall be in a closed area.
(3) Kitchen sinks shall not be used for
				  handwashing. Separate handwashing facilities with soap, running water and
				  individual towels shall be provided.
(4) Persons other than dietetic personnel
				  shall not be allowed in the kitchen area unless required to do so in the
				  performance of their duties.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70909 - Intensive Care Service Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70499 shall apply as written with
					 the following exceptions: an intensive care unit may consist of less than four
					 (4) but shall not consist of less than two (2) patient beds; an isolation room
					 is not required.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70911 - Perinatal Unit Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70549 shall be replaced by the
					 following:
(a) A physician shall have
				  overall responsibility of the unit. This physician shall be certified or
				  eligible for certification by the American Board of Obstetrics and
				  Gynecologists or the American Board of Pediatrics. If a physician with one of
				  the above qualifications is not available, a physician with training and
				  experience in obstetrics and gynecology or pediatrics may administer the
				  service. In this circumstance, a physician with the above qualifications shall
				  provide consultation at a frequency which will assure high quality service. The
				  physician responsible for the unit shall be responsible for:
(1) Providing continuous obstetric,
				  pediatric, anesthesia, laboratory and radiologic coverage.
(2) Maintaining working relationships with
				  intensive care newborn nursery.
(3)
				  Providing for joint staff conferences and continuing education of respective
				  medical specialties.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70913 - Perinatal Unit Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70553 shall apply as written with
					 the following exception: The operating room may serve as the delivery room in
					 hospitals having a licensed bed capacity of 50 or less.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70915 - Physical Therapy Service General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70557 shall apply as written with
					 the following exception: Procedures for outpatient treatment, home visits and
					 referrals to appropriate community agencies need only be established if such
					 resources are available.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70917 - Physical Therapy Service Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70561 shall apply as written with
					 the following exception: Adjustable tables shall not be required if a suitable
					 alternative is available.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70919 - Physical Therapy Service Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70563 shall not apply.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70921 - Standby Emergency Medical Services, Physician on Call, Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70657 shall apply as written with
					 the following exceptions: The reception area may be a multi-purpose area and
					 the observation room need not be dedicated solely for that
					 purpose.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 9 - Regulations Specific to Small and Rural Hospitals › Section 70923 - Conference Room

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 70765 shall be modified as
					 follows: A hospital shall either provide suitable space for conferences within
					 the facility or shall otherwise provide access to suitable space for
					 conferences.
1. New
					 section filed 2-26-90 as an emergency; operative 2-26-90 (Register 90, No. 9).
					 A Certificate of Compliance is not required to be transmitted and this
					 emergency regulation remains in force and effect pursuant to Health and Safety
					 Code Sections
					 442.3(b)
					 and
					 442.6(e).
					 Issuing agency: Office of Statewide Health Planning and
					 Development.
Note: Authority cited: Sections
						442.3
						and
						442.6,
						Health and Safety Code. Reference: Section
						442.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70951 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  only applies to the assessment of administrative penalties pursuant to Health
				  and Safety Code Section
				  1280.3.
				  This article does not apply to:
(1) Minor
				  violations as defined in Section
				  70952.
(2) Settlement of any enforcement action,
				  or
(3) Penalties assessed by the
				  department under laws other than Health and Safety Code Section
				  1280.3,
				  including but not limited to Health and Safety Code Sections
				  1278.5,
				  1280.15,
				  1280.4,
				  1317.3,
				  1317.4,
				  and
				  1317.6(a).
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70952 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in
				  Health and Safety Code Section
				  1280.3
				  and this article:
(1) "Actual financial harm"
				  means concrete financial loss for medical costs incurred by a patient, where
				  the loss was not covered or reimbursed by health insurance.
(2) "Deficiency" means a licensee's failure
				  to comply with any law relating to the operation or maintenance of a hospital
				  as a requirement of licensure under the Health and Safety Code or this
				  division.
(3) "Hospital licensing
				  requirements," "hospital licensing standards," and "licensure requirements"
				  refer to the requirements in Health and Safety Code, Division 2, Chapter 2, and
				  Division 107, Part 2, Chapter 2.5, Article 1 applicable to hospitals, and the
				  regulations adopted thereunder.
(4)
				  "Minor violation" means any violation of law relating to the operation or
				  maintenance of a hospital that the department determines has only a minimal
				  relationship to the health or safety of hospital patients. This definition
				  shall not apply to violations of Health and Safety Code, Division 107, Part 2,
				  Chapter 2.5, Article 1 (Hospital Fair Pricing Policies).
(5) "Repeat deficiencies" means violations of
				  hospital licensing requirements or federal certification standards in the same
				  or substantially similar regulatory grouping of requirements, which are found
				  during an inspection, subsequently corrected, and found again at a subsequent
				  inspection.
(6) "Substantial
				  compliance" means a level of compliance with state hospital licensing standards
				  and with federal laws that set forth the conditions of participation for
				  hospitals in the Medicare program, such that any identified deficiencies pose
				  no greater risk to patient health and safety than the potential for causing
				  minimal harm.
(7) "Willfulness,"
				  "willfully," or "willful" mean that the person doing an act or omitting to do
				  an act intends the act or omission, and knows the relevant circumstances
				  connected with the act or omission.
(8) "Willful violation" means that the
				  licensee, through its employees or contractors, willfully commits an act or
				  makes an omission with knowledge of the facts, which bring the act or omission
				  within the deficiency that is the basis for an administrative
				  penalty.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70953 - Penalty Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Administrative penalties assessed pursuant to Health and
					 Safety Code Section
					 1280.3
					 shall be assessed following the procedures set forth in this article, except
					 that penalties for a violation of Health and Safety Code, division 107, part 2,
					 chapter 2.5, article 1 (§
										127400 et seq.) shall be
					 calculated under Section
					 70959. The penalty assessed for
					 any violation in accordance with this article shall not exceed the maximum
					 penalty specified in Health and Safety Code section
					 1280.3.
1. New
					 section filed 12-5-2013; operative 4-1-2014 (Register 2013, No.
					 49).
Note: Authority cited: Sections
						1280.3,
						100275(a),
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Section
						1280.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70954 - Determining the Initial Penalty for Each Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initial penalty shall be determined
				  for each deficiency, considering the nature, scope and severity of the
				  deficiency by using the matrix set forth in subdivision (d).
(b) Severity of the deficiency.
(1) Severity of actual and potential harm to
				  patients shall be considered when using the matrix. The categories for degree
				  of severity based on actual or potential patient harm are defined as follows:
				  Level 1-No actual patient harm but with potential for no more than minimal
				  harm.
Level 2-No actual patient harm but with potential for more
					 than minimal patient harm, but no immediate jeopardy.
Level 3-Actual patient harm that is not immediate
					 jeopardy.
Level 4-Immediate jeopardy to patient health or safety that
					 is likely to cause serious injury or death.
Level 5-Immediate jeopardy to patient health or safety that
					 caused serious injury to a patient.
Level 6-Immediate jeopardy to patient health or safety that
					 caused the death of a patient.
(2) In determining the level of severity
				  using the matrix in subdivision (d), the following factors shall be considered:
(A) The patient's physical and mental
				  condition.
(B) The probability and
				  severity of the risk that the violation presents to
				  patients.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70955 - Initial Penalty Adjustment Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The initial penalty shall be adjusted to
				  calculate the base penalty using the following guidelines:
(1) Patient's physical and mental condition.
(A) The initial penalty shall be adjusted
				  upward by 10 percent, if the violation caused actual harm to the patient at
				  severity level 3 or 5 resulting in a physical or mental impairment that
				  substantially limits one or more of the major life activities of a patient, or
				  the loss of bodily function, if the impairment or loss lasts more than seven
				  days or is still present at the time of discharge from the hospital, or the
				  loss of a body part, or
(B) The
				  initial penalty shall be adjusted upward by 5 percent, if the violation caused
				  actual harm to the patient at severity level 3 or 5 resulting in a physical or
				  mental impairment that substantially limits one or more of the major life
				  activities of a patient, or the loss of bodily function, if the impairment or
				  loss lasts more than three days.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70956 - Base Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The base penalty for a deficiency is the cumulative
					 adjusted initial penalty as determined under Sections
					 70954 and
					 70955. For the purpose of penalty
					 calculation, the base penalty may exceed the statutory maximum, so long as the
					 final penalty does not exceed the statutory maximum.
1. New
					 section filed 12-5-2013; operative 4-1-2014 (Register 2013, No.
					 49).
Note: Authority cited: Sections
						1280.3,
						100275(a),
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Section
						1280.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70957 - Adjustments to the Base Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The base penalty shall be adjusted
				  considering each of the following adjustment factors:
(1) Immediate correction of the violation.
				  When the department determines that a hospital subject to an administrative
				  penalty promptly corrects the noncompliance for which the administrative
				  penalty was imposed, the base penalty shall be adjusted downward by 20 percent,
				  provided that all of the following apply:
(A)
				  The hospital identified and immediately corrected the noncompliance. The
				  correction of the noncompliance must have occurred before the noncompliance was
				  identified by the department. Within ten calendar days of the date that the
				  hospital identified the noncompliance, the hospital shall complete corrective
				  action and take appropriate steps necessary to prevent the violation from
				  recurring, with prompt and detailed documentation of these actions;
(B) The noncompliance that was corrected did
				  not constitute immediate jeopardy, or result in the death of a
				  patient;
(C) Met mandatory
				  reporting requirements before it was identified by the department;
				  and,
(D) A penalty was not imposed
				  for a repeat deficiency that received a penalty reduction under this article
				  within the twelve-month period prior to the date of
				  violation.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70958 - Final Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final penalty for a deficiency is the cumulative
					 adjusted base penalty as determined under section
					 70957, or the maximum penalty
					 specified in Health and Safety Code section
					 1280.3,
					 whichever is lower.
1. New
					 section filed 12-5-2013; operative 4-1-2014 (Register 2013, No.
					 49).
Note: Authority: Sections
						1280.3,
						100275(a),
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Section
						1280.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70958.1 - Penalties Imposed by Department of Managed Health Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A penalty assessment under Health and Safety Code section
					 1280.3
					 may be adjusted under Health and Safety Code section
					 1280.6
					 after the department reviews the investigation report and penalty issued by the
					 Department of Managed Health Care to determine whether the criteria in Health
					 and Safety Code section
					 1280.6
					 are satisfied.
1. New
					 section filed 12-5-2013; operative 4-1-2014 (Register 2013, No.
					 49).
Note: Authority cited: Sections
						1280.3,
						100275(a),
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Sections
						1280.3
						and
						1280.6,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70959 - Penalties for Violations of Hospital Fair Pricing Policies Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrative
				  penalties assessed for a violation of Health and Safety Code, division 107,
				  part 2, chapter 2.5, article 1 (§
										127400 et seq.) shall be
				  calculated under this section.
(b)
				  The initial penalty for each deficiency shall be determined, considering the
				  extent of noncompliance with the requirement violated by the hospital. The
				  categories for extent of noncompliance from requirements and corresponding
				  initial penalties are defined as follows:
(1)
				  Major - The action or inaction deviates from the requirement to such an extent
				  that the requirement is completely ignored and none of its provisions are
				  complied with, or the function of the requirement is rendered ineffective
				  because some of its provisions are not complied with. The initial penalty for
				  this category is $25,000.
(2)
				  Moderate - The action or inaction deviates from the requirement, but it
				  complies to some extent, although not all of its important provisions are
				  complied with. The initial penalty for this category is $12,500.
(3) Minimal - The action or inaction deviates
				  somewhat from the requirement. The requirement functions nearly as intended,
				  but not as well as if all provisions had been met. A violation in this category
				  is a minor violation and no administrative penalty is
				  assessed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 10 - Hospital Administrative Penalties › Section 70960 - Small and Rural Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A small and rural hospital that has been assessed an administrative penalty
				  under H&SC Section
				  1280.3 may request:
(1) Payment of the penalty extended over a
				  period of time if immediate, full payment would cause financial hardship,
				  or
(2) Reduction of the penalty, if
				  extending the penalty payment over a period of time would cause financial
				  hardship, or
(3) Both a penalty
				  payment plan and reduction of the penalty.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 11 - Adverse Event Reporting Requirements › Section 70970 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  applies to reportable adverse events in general acute care hospitals and
				  special hospitals pursuant to subdivision (a) of Health and Safety Code section
				  1279.1.
(b) For the purposes of this Article:
(1) General acute care hospitals and special
				  hospitals shall be called "hospital" and include any outpatient services on the
				  hospital's license.
(2) The
				  "hospital" does not include a distinct part operated pursuant to section
				  70503 or
				  70627.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 11 - Adverse Event Reporting Requirements › Section 70972 - Adverse Event Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Health and Safety Code
				  sections
				  1279.1
				  and
				  1279.3,
				  adverse events shall be reported by the hospital through a secure internet
				  website maintained by the Department pursuant to the following timelines:
(1) Adverse events that are ongoing urgent or
				  emergent, threatening the welfare, health, or safety of patients, personnel, or
				  visitors, shall be reported within 24 hours after the adverse event is
				  detected.
(2) Sexual assault of a
				  patient, including allegations of sexual assault of a patient, provided for
				  under Health and Safety Code section
				  1279.1(b)(6)(C),
				  shall be reported within 24 hours after detection.
(3) All other adverse events shall be
				  reported to the Department no later than five (5) calendar days after the
				  adverse event is detected.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 11 - Adverse Event Reporting Requirements › Section 70973 - Adverse Event Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hospital shall provide the requisite
				  information, as outlined in section
				  70972, necessary for the
				  Department to determine if an adverse event is substantiated or
				  unsubstantiated, pursuant to the following process:
(1) If the reported adverse event or
				  complaint is determined by the Department to be an ongoing threat of imminent
				  danger of death or serious bodily harm, the hospital shall be subject to an
				  onsite investigation, initiated within 48 hours or two (2) business days of
				  receipt of the report or complaint, whichever is greater.
(2) If the Department determines there is no
				  ongoing threat of imminent danger of death or serious bodily harm, the hospital
				  shall be subject to one or both of the following:
(A) An onsite inspection.
(B) An offsite investigation that includes
				  but is not limited to interviews and records
				  reviews.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 1 - General Acute Care Hospitals › Article 11 - Adverse Event Reporting Requirements › Section 70974 - Adverse Events-Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each hospital shall develop, implement,
				  maintain, and comply with policies and procedures for a written patient safety
				  plan, pursuant to Health and Safety Code section
				  1279.6,
				  that specifies systemic processes for:
(1)
				  Internally reporting preventable patient safety events, as defined in Health
				  and Safety Code section
				  1279.6(c).
(2) Documenting reportable patient safety
				  events.
(3) Conducting a root cause
				  analysis for the patient safety event. A root cause analysis, or any other
				  investigation, shall not change reporting requirements regarding reportable
				  diseases or unusual occurrences as provided in Section
				  70737.
(4) Assessing the hospital's culture of
				  safety at least every 24 months using a nationally recognized survey
				  tool.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 2 - Acute Psychiatric Hospital › Article 1 - Definitions › Section 71001 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context or
					 a definition clearly indicates a different meaning. Words used in the present
					 tense include the future; words in the singular number include the plural
					 number; words in the plural number include the singular number and words in the
					 masculine include the feminine. Shall means mandatory. May means permissive.
					 Should means suggested or recommended.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 2 - Acute Psychiatric Hospital › Article 1 - Definitions › Section 71003 - Hospital

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hospital, where used in these regulations means an acute
					 psychiatric hospital.