S.C. Code Regs. § § 61-116.500.502

Current through Register Vol. 48, 12, December 27, 2024

Section 61-116.500.502 - Violation Classifications

Violations of standards in this regulation are classified as follows:

A. Class I violations are those that the Department determines to present an imminent danger to the health, safety, or well-being of any persons 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 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 persons in the 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. The citation of a Class III violation may 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. In arriving at a decision to take enforcement action, the Department will consider the following factors:

1. The number and classification of violations, including repeat violations;

2. The specific conditions and their impact or potential impact on health, safety or well-being of the patients;

3. The efforts by the facility to correct cited violations;

4. The overall conditions of the facility;

5. The failure or refusal to comply with the provisions or requirements of this regulation;

6. The misrepresentation of a material fact about facility capabilities or other pertinent circumstances in any record or in a matter under investigation for any purposes connected with this chapter;

7. The prevention, interference with, or any attempts to impede the work of a representative of the Department in implementing or enforcing these regulations or the statute;

8. The use of false, fraudulent, or misleading advertising, or any public claims regarding the hospital's ability to care for non-trauma patients based on its trauma center designation status;

9. The misrepresentation of the facility's ability to care for trauma patients based on its designation status;

10. The failure to provide data to the Trauma Registry;

11. Any other pertinent conditions that may be applicable to statutes and regulations.

E. 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	7500	5000	2000-5000
6th and more	10000	7500	5000

S.C. Code Regs. § 61-116.500.502

Amended by State Register Volume 40, Issue No. 05, eff. 5/27/2016.