California Department of Public Health
3.2 Nursing Hours Per Patient Day data
as of November 6, 2019
California Department of Public Health (CDPH) ensures facility compliance with the legislatively mandated minimum staffing requirement of 3.2 Nursing Hours Per Patient Day (NHPPD) by conducting unannounced, on‐site audits of approximately 1100 freestanding skilled nursing facilities (SNFs) annually. CDPH conducts these audits in support of Department of Health Care Services' (DHCS) Quality and Accountability Supplemental Payment System which provides SNFs with financial incentives for provision of quality health care.
CDPH and DHCS' legislative authority to conduct the 3.2 NHPPD staffing audits and issue administrative penalties for non‐compliance is contained in Health and Safety Code 1276.5 and Welfare and Institutions (W&I) Code 14126.022. Additionally, W&I Code 14126.022 sets forth administrative penalties for non‐compliance and establishes timeframes under which facilities may file an appeal.
Data are subject to change pending quality assurance reviews and conclusion of administrative penalty hearings.
NOTE: Office of Administrative Hearings and Appeals (OAHA)
| |
07/01/11- 06/30/12 |
07/01/12- 06/30/13 |
07/01/13- 06/30/14 |
07/01/14- 06/30/15 |
07/01/15- 06/30/16
|
07/01/16-
06/30/17
|
07/01/17- 06/30/18
|
|
Facility Audit Status (% Audited) |
1095 |
100% |
1100 |
100% |
1094 |
100% |
1087 |
100% |
1087 |
100% |
1086 |
100.00% |
1117 |
100.00% |
|
Compliant |
943 |
86.12% |
996 |
90.55% |
1000 |
91.41% |
1004 |
92.36% |
1021 |
93.93% |
982 |
90.42% |
1027 |
94.57% |
|
1-Day Non-Compliant |
94 |
8.52% |
69 |
6.27% |
70 |
6.40% |
53 |
4.88% |
39 |
3.59% |
65 |
5.99% |
46 |
4.24% |
|
2-11 Days Non-Compliant ($15,000 Penalty) |
48 |
4.38% |
32 |
2.91% |
20 |
1.83% |
15 |
1.38% |
23 |
2.12% |
35 |
3.22% |
41 |
3.78% |
|
12-24 Days Non-Compliant ($30,000 Penalty) |
8 |
0.73% |
3 |
0.27% |
1 |
0.09% |
3 |
0.28% |
4 |
0.37% |
4 |
0.37% |
3 |
0.28% |
|
Not audited (Facility closed, sold, not a SNF, etc) |
2 |
0.18% |
0 |
0.00% |
3 |
0.27% |
12 |
1.10% |
0 |
0.00% |
0 |
0.00% |
0 |
0.00% |
|
Penalties Issued |
56 |
|
35 |
|
21 |
|
18 |
|
27 |
|
39 |
|
44 |
|
|
$15,000 |
48 |
|
32 |
|
20 |
|
15 |
|
23 |
|
35 |
|
41 |
|
|
$30,000 |
8 |
|
3 |
|
1 |
|
3 |
|
4 |
|
4 |
|
3 |
|
|
Status on Penalties Issued |
56 |
|
35 |
|
21 |
|
18 |
|
27 |
|
39 |
|
44 |
|
|
Penalty not issued (Facility closed, sold, etc.) |
0 |
|
3 |
|
0 |
|
1 |
|
2 |
|
1 |
|
0 |
|
|
Appeal hearing denied by OAHA |
1 |
|
0 |
|
0 |
|
0 |
|
0 |
|
1 |
|
0 |
|
|
Facility did not appeal |
32 |
|
19 |
|
10 |
|
14 |
|
24 |
|
35 |
|
22 |
|
|
Appeal overturned (Administrative Penalty withdrawn) |
1 |
|
1 |
|
1 |
|
3 |
|
1 |
|
2 |
|
0 |
|
|
Appeal upheld (Administrative Penalty stands) |
22 |
|
12 |
|
10 |
|
0 |
|
0 |
|
0 |
|
0 |
|
|
Appeal hearing pending |
0 |
|
0 |
|
0 |
|
0 |
|
0 |
|
0 |
|
22 |
|
|
Penalty amount assessed |
$957,500 |
|
$570,000 |
|
$339,000 |
|
$315,000 |
|
$465,000 |
|
$645,000 |
|
$705,000 |
|
|
Penalty amount rescinded (Appeal Granted) |
$15,000 |
|
$30,000 |
|
$15,000 |
|
$15,000 |
|
$45,000 |
|
$ - |
|
$ - |
|
|
Penalty amount due |
$ - |
|
$540,000 |
|
$30,000 |
|
$30,000 |
|
$ - |
|
$15,000 |
|
$345,000 |
|
|
Total penalty amount collected |
$942,500 |
|
$540,000 |
|
$294,000 |
|
$285,000 |
|
$420,000 |
|
$630,000 |
|
$360,000 |
|