The California Department of Health has issued a new All Facilities Letter (AFL) that increases the penalty for retaliation against whistleblowers in healthcare facilities. Effective January 1, 2018, Assembly Bill (AB) 1102 raises the misdemeanor fine from a maximum of $20,000 to $75,000 for healthcare facilities that discriminate or retaliate against patients, employees, or healthcare workers for filing a complaint or participating in an investigation. This AFL supersedes the previous AFL 17-28 and clarifies that Health and Safety Code (HSC) section 1278.5 does not apply to long-term healthcare facilities (LTCFs). LTCFs remain subject to HSC section 1432. Healthcare facilities are responsible for ensuring compliance with all applicable laws and regulations, and should contact their local Licensing and Certification district office if they have questions.
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