South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-17 - STANDARDS FOR LICENSING NURSING HOMES › Sec2 61-17.400 - ENFORCEMENT ACTIONS › Section 61-17.400.402 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violations of standards in this regulation are classified as
				  follows:
A. Class I violations are
				those that the Department determines to present an imminent danger to the
				health and safety of the persons in the facility or a substantial probability
				that death or serious physical harm could result therefrom. A physical
				condition or one (1) or more practices, means, methods or operations in use in
				a facility may constitute such a violation. The condition or practice
				constituting a Class I violation shall be abated or eliminated immediately
				unless a fixed period of time, as stipulated by the Department, is required for
				correction. When a specific time is designated for correction, each day such
				violation exists after expiration of the time established by the Department
				shall be considered a subsequent violation.
B. Class II violations are those, other than
				Class I violations, that the Department determines to have a negative impact on
				the health and safety of persons in the facility. The citation of a Class II
				violation may specify the time within which the violation is required to be
				corrected. When a specific time is designated for correction, each day such
				violation exists after expiration of the time established by the Department
				shall be considered a subsequent violation.
C. Class III violations are those that are
				not classified as Class I or II in these regulations or those that are against
				the best practices as interpreted by the Department. The citation of a Class
				III violation may specify the time within which the violation is required to be
				corrected. When a specific time is designated for correction, each day such
				violation exists after expiration of the time established by the Department
				shall be considered a subsequent violation.
D. The notations, "(I)" or "(II)" placed
				within sections of this regulation, indicate those standards are considered
				Class I or II violations, respectively, if they are not met. Standards not so
				annotated are considered Class III violations.
E. In arriving at a decision to take
				enforcement action, the Department will consider the following factors: the
				number and classification of violations, including repeat violations; specific
				conditions and their impact or potential impact on health and safety of the
				residents; efforts by the facility to correct cited violations; behavior of the
				licensee that would reflect negatively on the licensee's character, such as
				illegal or illicit activities; overall conditions of the facility; history of
				compliance; any other pertinent conditions that may be applicable to statutes
				and regulations.
F. When a decision
				is made to impose monetary penalties, the Department may invoke S.C. Code
				Section
				44-7-320(C),
				to determine the dollar amount or may utilize the following schedule as a guide
				to determine the dollar amount:
Frequency of violation of standard within a thirty-six
				  (36) month period:
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$500 - 1,500
$300 - 800
$100 - 300
2nd
1,000 - 3,000
500 - 1,500
300 - 800
3rd
2,000 - 5,000
1,000 - 3,000
500 - 1,500
4th
5,000
2,000 - 5,000
1,000 - 3,000
5th
5,000
5,000
2,000 - 5,000
6th and
								more
5,000
5,000
5,000