Citations issued to nursing home facilities pursuant to section 19a-524 for violations of statutory or regulatory requirements shall be classified according to the nature of the violation and shall state such classification and the amount of the civil penalty to be imposed on the face thereof. Any citations issued pursuant to this section shall be accompanied by a notice of noncompliance, in accordance with section 19a-496, that outlines the basis for such citation. The Commissioner of Public Health shall, by regulation in accordance with chapter 54, classify each of the statutory and regulatory requirements set forth in section 19a-524 for which a violation may result in a citation as follows:
(1) Class A violations are conditions that the Commissioner of Public Health determines present an immediate danger of death or serious harm to any patient in the nursing home facility. For each class A violation, a civil penalty of not more than twenty thousand dollars may be imposed; and
(2) Class B violations are conditions that the Commissioner of Public Health determines present a potential for death or serious harm in the reasonably foreseeable future to any patient in the nursing home facility, but that he or she does not find constitute a class A violation. For each such violation, a civil penalty of not more than ten thousand dollars may be imposed.
(P.A. 76-331, S. 4, 16; P.A. 77-614, S. 323, 610; P.A. 79-467, S. 4, 8; P.A. 87-166, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 13-208, S. 38; June Sp. Sess. P.A. 17-2, S. 234.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 79-467 added “facility” to nursing home references; Sec. 19-610 transferred to Sec. 19a-527 in 1983; P.A. 87-166 deleted references to per diem penalties, deleted references to minimum fines, deleted Subdivs. (c) and (d) re class C and D violations and made imposition of civil penalties discretionary rather than mandatory; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 13-208 added references to residential care home and made technical changes, effective July 1, 2013; June Sp. Sess. P.A. 17-2 added references to nursing home facilities and violations of statutory or regulatory requirements, added provision re citations to be accompanied by notice of noncompliance, replaced “violations” with “each of the statutory and regulatory requirements set forth in section 19a-524 for which a violation may result in a citation”, redesignated Subsec. (a) as Subdiv. (1) and amended same by deleting reference to residential care home and replacing $5,000 with $20,000, redesignated Subsec. (b) as Subdiv. (2) and amended same by replacing “probability of” with “potential for”, deleting reference to “residential care home” and replacing $3,000 with $10,000, effective October 31, 2017.