§ 56350. Civil Penalties and Sanctions.

(a) The Department may, except as provided in section 56352(a), impose one or more of the civil penalties specified in subdivision (b) below upon a PCCM plan which fails to comply with the provisions of Chapter 7, Part 3, Division 9, Welfare and Institutions Code, the provisions of this chapter, or the terms of the PCCM contract.

(b) Civil penalties may include but are not limited to:

(1) Restricting the PCCM plan's marketing privileges.

(2) Delaying, or denying payment, in whole or in part, of savings sharing.

(3) Terminating the PCCM contract.

(4) Delaying or withholding capitation payments.

(5) Requiring the PCCM plan to terminate any subcontract or sub-subcontract.

(6) Other penalties as set forth in the contract.

(c) The Department shall issue a written notice of noncompliance to a PCCM plan found to be in violation of any provision of law, regulation or the contract. The notice of noncompliance shall include:

(1) A description of the violation.

(2) The penalties to be imposed by the Department.

(3) A description of any corrective action required by the Department and time limits for compliance.

HISTORY

1. New section filed 3-9-90 as an emergency; operative 3-9-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-9-90.

2. New section refiled 7-9-90 as an emergency; operative 7-9-90 (Register 90, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 11-6-90.

3. Request to readopt section on an emergency basis pursuant to Government Code section 11346.1 granted and filed 11-6-90 as an emergency; operative 11-6-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-6-91 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 11-6-90 order transmitted to OAL 2-22-91; disapproved by OAL on 3-25-91 (Register 91, No. 18).

5. New section filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 3-25-91 order including amendment of subsection (a) transmitted to OAL 7-19-91 and filed 8-19-91 (Register 92, No. 1).

Note

Note: Authority cited: Sections 14105 and 14124.5, Welfare and Institutions Code. Reference: Section 14088.16, Welfare and Institutions Code.