Report 2010-108 Recommendation 2 Responses

Report 2010-108: Department of Public Health: It Reported Inaccurate Financial Information and Can Likely Increase Revenues for the State and Federal Health Facilities Citation Penalties Accounts (Release Date: June 2010)

Recommendation #2 To: Public Health, Department of

To increase revenue for the penalty accounts, Public Health should seek legislation authorizing it to revise periodically the penalty amounts to reflect an inflation indicator, such as the CPI.

Agency Response*

With the enactment of the 2011 Budget Trailer Bill ABX 1-19, the maximum citation penalty amounts for B citations increased from $1,000, to $2,000. California Department of Public Health (CDPH) reviewed the A and AA citation penalties and determined they were adequate. CDPH will not pursue legislation to further increase penalty amounts.

  • Response Type†: Annual Follow Up
  • Response Date: May 2017

California State Auditor's Assessment of Status: Will Not Implement


Agency Response*

With the enactment of the 2011 Budget Trailer Bill ABX 1-19, the maximum citation penalty amounts for B citations increased from $1,000, to $2,000. California Department of Public Health (CDPH) reviewed the A and AA citation penalties and determined they were adequate. CDPH will not pursue legislation to further increase penalty amounts.

  • Response Type†: Annual Follow Up
  • Response Date: June 2016

California State Auditor's Assessment of Status: Will Not Implement


Agency Response*

The status of this recommendation is unchanged.

  • Response Type†: Annual Follow Up
  • Estimated Completion Date: 10/2015
  • Response Date: October 2015

California State Auditor's Assessment of Status: Not Fully Implemented


Agency Response*

The status of this recommendation is unchanged.

  • Response Type†: Annual Follow Up
  • Estimated Completion Date: 10/2015
  • Response Date: October 2014

California State Auditor's Assessment of Status: Not Fully Implemented


Agency Response*

With the enactment of the 2011 Budget Trailer Bill ABX 1-19, the maximum citation penalty amounts for B citations increased from $1,000, to $2,000. CDPH reviewed the A and AA citation penalties and determined they were adequate. CDPH will not pursue legislation to further increase penalty amounts.

  • Response Type†: Annual Follow Up
  • Completion Date: July 2011
  • Response Date: October 2013

California State Auditor's Assessment of Status: Not Fully Implemented

Although the Legislature increased penalty amounts for class B citations for certain facilities, Public Health could also take steps to ensure that penalty amounts for other types of citations increase. For example, if Public Health does not want to seek legislation that would establish an automatic increase in penalty amounts, it could revise its policies and procedures to include a periodic review of penalty amounts and, if the review finds the penalty amounts are too low, Public Health can seek appropriate increases through the legislative process.

  • Auditee did not substantiate its claim of full implementation

Agency Response*

A 2011 budget trailer bill (ABX 1-19) increased B citation penalty amounts for skilled nursing facilities and intermediate care facilities at a range not less than $100 and not to exceed $2,000; an increase of the maximum from $1,000 for each citation. All other long-term care facilities were to remain subject to B citation penalty amounts not less than $100 and not to exceed $1,000. Additional statutory changes would be necessary to increase civil money penalty amounts for category AA, A, and B citations for all long-term care facility categories.

In addition, CDPH continues to explore a legislative proposal to adjust citation penalty amounts to reflect inflation using an indicator such as the Consumer Price Index.

  • Response Type†: Annual Follow Up
  • Estimated Completion Date: January 2015
  • Response Date: September 2012

California State Auditor's Assessment of Status: Not Fully Implemented


All Recommendations in 2010-108

†Response Type refers to the interval in which the auditee is providing the State Auditor with their status in implementing recommendations made in an audit report. Auditees must submit a response regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year or subsequent to one year.

*Agency responses received after June 2013 are posted verbatim.


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