Saint Francis Memorial Hospital v. California Department of Public.Health

Saint Francis surgical staff left a sponge in a patient during surgery. The Department of Public Health imposed a $50,000 fine for not having and assuring compliance with appropriate sponge-count policies. An ALJ found no basis for the fine, concluding that Saint Francis had adequate policies and procedures. The Department rejected the ALJ’s proposed decision and affirmed the fine. The decision, “effective immediately,” was served on Saint Francis by certified mail on December 16. On December 30, Saint Francis requested reconsideration. The Department answered without notifying Saint Francis that the request was invalid and denied it on January 14, 2016. Also on January 14, apparently not knowing that the request was denied, Saint Francis e-mailed a Department attorney that it intended to seek judicial review, indicating a proposed timeline. The Department attorney responded, “I believe you are correct.” Saint Francis filed its petition on January 26. The court dismissed the petition as not filed within 30 days (Government Code 11521). The court of appeal affirmed. The dismissal caused no grave injustice and applying estoppel would defeat the public policy of strictly construing the filing period for challenging an agency’s final decision. The Department made no affirmative representations to incite the mistake. The mistake was made in good faith and Saint Francis notified the Department of its intent to file a writ petition, but that is insufficient to toll the running of the 30-day period. View "Saint Francis Memorial Hospital v. California Department of Public.Health" on Justia Law