Cal. Code Regs. tit. 22 § 96051.29

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 96051.29 - Small and Rural Hospitals
(a) A small and rural hospital that has been assessed an administrative penalty pursuant to the Act and this chapter may request:
(1) Payment of the penalty extended over a period of time if immediate, full payment would cause financial hardship, or
(2) Reduction of the penalty, if extending the penalty payment over a period of time would cause financial hardship, or
(3) Both a penalty payment plan and reduction of the penalty.
(b) The small and rural hospital shall submit its written request for penalty modification as described in subsection (a) to the Department within 10 working days after the issuance of the administrative penalty. The request shall describe how the hospital qualifies for a small or rural hospital designation, the special circumstances showing financial hardship to the hospital, and the potential adverse effects on access to quality care in the hospital.
(1) If the required information cannot be timely forwarded to the Department by the due date established by this section, a hospital may request a reasonable extension of time, prior to the due date, for submission of the required response. The hospital's request shall describe the actions being taken to obtain the information, the reasons for the delay, and when receipt is expected.
(2) The Department has discretion to agree to a requested extension of time. The Department will consider the following factors in determining whether to grant the extension request:
(A) Complexity of required response.
(B) Hospital's history of cooperativeness.
(C) Necessity for third party assistance in obtaining records.
(D) Any other factors submitted by the hospital showing good cause.
(c) Upon timely request from a small and rural hospital under subsection (b), the Department may approve a penalty payment plan, reduce the final penalty, or both, if in the judgment of the Department, immediate, full payment of the penalty would cause financial hardship to the hospital and thereby reduce access to quality care in the hospital. The Department's decision shall be based on information provided by the small and rural hospital in support of its request and on hospital financial information from the Department or other governmental agency.

Cal. Code Regs. Tit. 22, § 96051.29

Note: Authority cited: Sections 127010 and 127436, Health and Safety Code. Reference: Sections 124840 and 127436, Health and Safety Code.

1. New section filed 11-1-2023; operative 1/1/2024 (Register 2023, No. 44).