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Opinion: Appeal Rights for DHPPD Non-Compliance Penalties (AFL 22-08)

Here is Clearpol’s opinion on AFL 22-08, which can be found on our website here alongside the AFL text:

This has the updated Welfare and Institutions Code (WIC) section 14126.022 regarding penalties and appeal rights for facilities that are non-compliant with the direct care service hours per patient day (DHPPD) requirement. It provides the procedures for appealing penalties assessed as a result of staffing audits for non-compliance with DHPPD requirements for nurses and CNAs.

SNFs found to be non-compliant with the minimum staffing requirements on fewer than five percent of the audited now have the right to request an administrative appeal, even though these SNFs are not subject to an administrative penalty. All other non-compliant SNFs will be subject to increased administrative penalties of $25,000 for having between 5 percent and 49 percent non-compliant days, or $50,000 for more than 49 percent non-compliant audited days.


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