S.C. Code Regs. § § 61-77.300.302
Current through Register Vol. 48, 12, December 27, 2024
Section 61-77.300.302 - Violation ClassificationsViolations of standards in this regulation are classified as follows:
A. Class I violations are those that present an imminent danger to the health, safety, or well-being of the Patients of the Home Health Agency 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 an Agency 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 shall be considered a subsequent violation.B. Class II violations are those, other than Class I violations, that the Department determines to have a direct or immediate relationship to the health, safety, or well-being of the Agency's Patients. 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 shall be considered a subsequent violation.C. Class III violations are those that are not classified as Class I or II in this regulation or those that are against best practices. The citation of a Class III violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.D. The notations (I) or (II), placed within sections of this regulation, indicate those standards are Class I or II violations if they are not met, respectively. Failure to meet standards not so annotated are Class III violations.E. When assessing a monetary penalty, the Department may invoke S.C. Code Section 44-7-320(C) to determine the dollar amount or may utilize the following schedule: FREQUENCY | CLASS I | CLASS II | CLASS III |
1st | $500-1,500 | $300-800 | $100-300 |
2nd | 1,000-3,000 | 500-1,500 | 300-800 |
3rd | 2,000-5,000 | 1,000-3,000 | 500-1,500 |
4th | 5,000 | 2,000-5,000 | 1,000-3,000 |
5th | 5,000 | 5,000 | 2,000-5,000 |
6th | 5,000 | 5,000 | 5,000 |
S.C. Code Regs. § 61-77.300.302
Added by State Register Volume 46, Issue No. 05, eff. 5/27/2022.