(a) Any health facility or freestanding ambulatory surgery clinic that does not file any report as required by this chapter with the department is liable for a civil penalty of one hundred dollars ($100) a day for each day the filing of any report is delayed. No penalty shall be imposed if an extension is granted in accordance with the guidelines and procedures established by the department.

(b) Any health facility that does not use an approved system of accounting pursuant to the provisions of this chapter for purposes of submitting financial and statistical reports as required by this chapter shall be liable for a civil penalty of not more than five thousand dollars ($5,000).

Terms Used In California Health and Safety Code 128770

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the Department of Health Care Access and Information. See California Health and Safety Code 128700
  • Freestanding ambulatory surgery clinic: means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. See California Health and Safety Code 128700
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23

(c) Civil penalties are to be assessed and recovered in a civil action brought in the name of the people of the State of California by the department. Assessment of a civil penalty may, at the request of any health facility or freestanding ambulatory surgery clinic, be reviewed on appeal, and the penalty may be reduced or waived for good cause.

(d) Any money that is received by the department pursuant to this section shall be paid into the General Fund.

(Amended by Stats. 2021, Ch. 143, Sec. 213. (AB 133) Effective July 27, 2021.)

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