Effective January 1, 2018, AB 1102 (Chapter 275, Statutes 2017) increases the misdemeanor fine from a maximum of $20,000 to a maximum of $75,000, if a health facility discriminates or retaliates against a patient, employee, member of the medical staff, or any other health care worker of the health facility for presenting a complaint against the facility or cooperating in an investigation of a facility. HSC section 1278.5 does not apply to LTCFs. LTCFs remain subject to HSC section 1432.
The California Department Public Health’s failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of the HSC and the California Code of Regulations to ensure compliance.
If you have questions, please contact your local Licensing and Certification district office.
Original signed by Scott Vivona for