South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.400 - ENFORCEMENT ACTIONS › Section 61-78.400.402 - 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 of standards
				are those that the Department determines to present an imminent danger to the
				health, safety, or well-being of Hospice patients or any person in a Hospice
				Facility or a substantial probability that death or serious physical harm could
				result therefrom. A physical condition or one or more practices, means, methods or
				operations in use in a Hospice and/or Hospice 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. Each day such violation exists after
				expiration of this time may 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, safety or well-being of Hospice patients or any person in a Hospice
				Facility. The citation of a Class II violation shall specify the time within which
				the violation is required to be corrected. Each day such violation exists after
				expiration of this time may 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
				shall specify the time within which the violation is required to be corrected. Each
				day such violation exists after expiration of this time may be considered a
				subsequent violation.
D. Class I and II
				violations are indicated by notation after each applicable section as "(I)" or
				"(II)." Sections not annotated in that manner denote Class III violations. A
				classification at the beginning of a section/subsection applies to all subsections
				following, unless otherwise indicated.
E. In arriving at a decision to take enforcement
				actions, the Department will consider the following factors: specific conditions and
				their impact or potential impact on health, safety or well-being of patients;
				efforts by the Hospice and/or Hospice Facility to correct cited violations; behavior
				of the licensee that reflects negatively on the licensee's character, such as
				illegal or illicit activities; overall conditions; history of compliance; any other
				pertinent conditions that may be applicable to current statutes and regulations
				including participating in, or offering, or implying an offer to participate in the
				practice generally known as rebates, kickbacks, or fee-splitting
				arrangements.
F. When a decision is made
				to impose monetary penalties, the Department 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:
MONETARY PENALTY RANGES
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$ 500 - 1500
$ 300 - 800
$ 100 - 300
2nd
1000 - 3000
500 -1500
300 - 800
3rd
2000 - 5000
1000 - 3000
500 - 1500
4th
5000
2000 - 5000
1000 - 3000
5th
5000
5000
2000 - 5000
6th
5000
5000
5000