The proposed amendments would notably increase the civil penalties associated with various classes of violations (A, AA, and B), thereby enhancing the punitive measures against non-compliant skilled nursing or intermediate care facilities. For instance, fines for class AA violations could reach as high as $120,000 for each citation, aiming to deter negligence through substantial economic consequences. Such enforcement measures are expected to ensure compliance and enhance safety standards within long-term health care establishments, potentially influencing operational practices across the industry.
Summary
Assembly Bill 2245, introduced by Assembly Member Kalra, seeks to amend specific sections of the Health and Safety Code related to long-term health facilities. This legislative change redefines certain classifications of violations that can be incurred by facilities, emphasizing the gravity of violations that directly cause patient deaths. The bill redefines 'class AA' violations as those significantly contributing to a patient’s death within such facilities, thereby adjusting the legal framework surrounding accountability in long-term care environments. By refining definitions, the bill aims to provide clearer guidance for regulatory agencies regarding enforcement actions against violating facilities.
Contention
However, the bill's stringent approach and elevated penalties have raised concerns among industry stakeholders regarding their ability to sustain compliance while maintaining economic viability. Critics argue that significant financial penalties might unintentionally incentivize facilities to contest citations vigorously rather than focus on improving patient care standards. There are ongoing discussions about balancing rigorous enforcement of health care regulations with the practical realities operations face, especially amidst varying capabilities of facilities to reconcile compliance costs with care delivery demands.