California Nursing Homes Receive The Most Severe Penalty Under State Law

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

Two Orange County nursing homes, Newport Nursing and Rehabilitation Center in Newport Beach and Emeritus at Yorba Linda, both received Class “AA” citations, the most severe penalty under State law, from the State of California after investigations concluded that inadequate care at the nursing homes lead to a death at each facility, announced Dr. Ron Chapman, director of the California Department of Public Health (CDPH) and state public health officer.

Newport Nursing and Rehabilitation Center was fined $100,000 after a CDPH investigation found that the facility failed to provide adequate safety measures and supervision, leading to the patient’s death. Emeritus at Yorba Linda received a $90,000 fine after a CDPH investigation found that the facility failed to serve a diet as prescribed resulting in a patient choking and subsequent death.

All nursing facilities in California are required to be in compliance with applicable state and federal laws and regulations governing health care facilities to ensure quality of care.

California has statutory authority to impose fines against nursing facilities it licenses as part of enforcement remedies to poor care. State citations that require a civil monetary penalty are categorized as Class B, A or AA. The associated fines range from $100 to $2,000 for Class B, $2,000 to $20,000 for Class A and $25,000 to $100,000 for Class AA. The citation class and amount of the fine depend upon the significance and severity of the substantiated violation, as prescribed and defined in California law.

By providing nursing facilities it licenses with consequences for substantiated violations, CDPH strives to protect the health and safety of vulnerable individuals. The citation process is part of CDPH’s ongoing enforcement efforts in improving the quality of care provided to residents of the state’s approximately 1,400 skilled nursing facilities

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.